HomeMy WebLinkAbout06-14-2010 - Agenda PacketMEDINA, WASHINGTON
CITY COUNCIL AGENDA
MEDINA CITY HALL COUNCIL CHAMBERS
MONDAY, JUNE 14, 2010
6:30 PM
MAYOR
BRETJORDAN
DEPUTY MAYOR
SHAWN WHITNEY
COUNCIL MEMBERS
PATRICK BOYD
DOUG DICHARRY
JANIE LEE
MARK NELSON
KATIE PHELPS
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MEETING AGENDA
PRESENTATION
P1: Allyson Jackson, Part 150 Study
CITY MANAGER
DONNA HANSON
CITY ATTORNEY
BRUCE DISEND
CITY CLERK
RACHELBAKER
6:30PM
PUBLIC COMMENTS
At this time, citizens may address the City Council regarding any issue on the council agenda and any
non -agenda items related to city business, excluding public hearings. To ensure equal opportunity for the
public to comment, a speaker's comments shall be limited to three minutes per person, per meeting.
Those who have service requests or complaints are encouraged to first bring such matters to the city
manager for prompt attention and resolution.
Council meetings are business meetings where City Council may hear from residents and take action on
official City business. In order to accomplish all the business on the agenda and be respectful of
everyone's time, Council Members will not be able to engage in dialogue with individual members of the
audience.
REPORTS AND ANNOUNCEMENTS
RA-1: Mayor
RA-2: Council
RA-3: Advisory Boards/Commissions/Committees
RA-4: City Manager/Staff
Medina City Hall • 501 Evergreen Point Road • Medina WA 98039
425-233-6400 phone • 425-454-8490 fax • www.medina-wra.gov
CONSENT AGENDA
These items will be acted upon as a whole unless called upon by a council member.
CA-1: Approval of May 10, 2010 City Council Regular Meeting Minutes
CA-2: Approval of May 2010 Check Register
Claim check numbers 50337 through 50446 in the amount of $590,127.22 and payroll
checks numbers 3051 through 3063 in the amount of $212,482.78. Voided AP check
number(s) include 50424. There were no voided payroll checks.
CA-3: Set July 12, 2010 Public Hearing Date: A code amendment relating to administrative
review procedures for project permits, text amendments to development regulations,
area -wide zoning map amendments, and comprehensive plan amendments.
CA-4: Set July 12, 2010 Public Hearing Date: A code amendment relating to divisions of land
and lot line adjustments.
CA-5: Set July 12, 2010 Public Hearing Date: A code amendment relating to permit fees.
CA-6: Set Study Session Dates and Times: July 12, 2010, 5:00 pm; August 9, 2010, 5:00 pm.
CA-7: Approval of Interlocal Project Services Agreement Between the City of Medina
and the Washington State Department of Transportation
CA-8: Confirmation of Personnel Committee's Appointment Recommendation to
Planning Commission Position Number 7
CA-9: Memorandum of Understanding Between the City of Medina and Public,
Professional and Office -Clerical Employees and Drivers Local Union No. 763
Establishing a Voluntary Employee's Beneficiary Association Trust (VEBA)
CA-10: Acceptance of Proclamation Recognizing Camp Fire USA Central Puget Sound
Council
CA-11: Resolution Approving Centralized Contracting for A Regional Coalition for
Housing (ARCH)
CA-12: Acceptance of April 19, 2010 Park Board Minutes
CA-13: Acceptance of April 21, 2010 Emergency Committee Minutes
CA-14: Acceptance of April 27, 2010 Planning Commission Minutes
CA-15: Acceptance of Civil Service Commission 2009 Annual Report
PUBLIC HEARINGS
PH-1: Six -Year Construction Improvement Plan /Transportation Improvement Plan
(Years 2011 to 2016)
PH-2: Proposed Ordinance to Amend MMC Chapter 15.04 Adopting 2009 Washington
State Building Codes
Medina City Council June 14, 2010 Page 2 of 3
OTHER BUSINESS
OB-1: Proposed Ordinance to Amend MMC Chapter 15.04 Adopting 2009 Washington
State Building Codes
OB-2: Draft Code Amendment Regarding Wireless Communication Facilities
OB-3: Solid Waste Services, Rates, and Options
OB-4: Council Agenda Calendar
ADJOURNMENT
Next Study Session — Monday, July 12, 2010; 5:00 pm.
Next Regular Meeting - Monday, July 12, 2010; 6:30 pm.
Medina City Council June 14, 2010 Page 3 of 3
CITY OF MEDINA
Office of the City Manager
Date June 14, 2010
To: Mayor and City Council
From: Donna Hanson, City Manager
Subject: City Manager Report
1. The following community outreach took place in the month of May.
a. All development notices issued during the month were linked to the city's
website in addition to the city's general posting practices.
b. Over forty e-notices were sent to subscribers for myriad notices, including
development projects, public meetings and hearings, agenda packets,
approved meeting minutes, and the city council action calendar. As is
customary, these records were also posted to the city website and public
notices were affixed to city notice boards.
c. A -board signs advertising city e-notice program were posted between council
meetings to attract new subscribers.
d. The city continued to see growth in its electronic subscriptions since last
month. The sampling below identifies the same categories as previous months
for comparison.
4/12/2010 5/5/2010 06/09/2010
Capital Improvement Projects 160 205 207
City Council Agenda 193 238 240
City Events and Information 245 245 324
City Newsletter 94 234 277
Hearing Examiner Agenda 118 148 148
Park Board Agenda 121 152 157
Planning Commission Agenda 139 171 174
Total Individual Subscribers 296 323 423
2. Last month I notified Council that divers from Mercer Island Marine Patrol inspected
our beach area and the floating swim dock in Medina Beach Park. They found the
location and condition of the dock to be unsafe for several reasons. The dock was
towed to secure storage until we determined a safe location.
We contacted aquatics staff from the cities of Bellevue, Federal Way, Kirkland,
Renton, and Seattle and asked what standards they use for locating docks in open
water. Two of the representatives recommended removing the dock permanently, but
two cities have floating docks and shared the following standards:
a. Any swimming dock or pool deck without a diving board must be at least 9 feet
from the bottom of the lake or pool if there are no other objects on the bottom.
b. If there are objects on the bottom such as we have with the 2 foot ecology
block anchors, then the dock must be 11 feet from the bottom of the lake in
order to maintain 9 feet of unobstructed water.
c. We also have to accommodate for approximately 2 feet lower level of Lake
Washington in August every year, which places the required depth at 13feet.
The dive team is scheduled to return Thursday June 101h in order to place temporary
buoys at the 13 foot depth location so that we can determine the distance from shore.
Depending on how far the buoys are from the shore will give us more information
about the impact of boat traffic and how the dock can be lifeguarded. Seattle has
docks in sheltered areas that are more than 100 feet from shore, but they lifeguard
them with a rowboat.
Once we know we have a safe location and can guard the dock, we may need to have
the ecology blocks moved. We will try and work with a company who is already
working on the lake and have the dock relocated as soon as possible. The dock was
placed by the contractor when the project was completed two years ago and based on
the previous experience, they are very unlikely to come back and move the dock
again.
3. Congratulations to Rachel, Pam, and Craig for passing an audit of their work in
operating our Passport Acceptance Facility in Medina. The "Acceptance Facility
Oversight Program" conducted a compliance visit for our passport program and we
passed their audit. The audit covers the areas of: Passport Application Acceptance
Procedures, Information Security, Supplies and Signage, and Training. Pam issues
the majority of passports, but both Craig and Rachel provide backup when necessary.
The procedures and information for accepting passport applications is very specific
and I have seen all three of them accept the applications with as many as six children
and four adults in our small lobby area.
CITY OF MEDINA
Office of the City Manager
June 14, 2010
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Robert J. Grumbach, AICP, Director of Development Services
Subject: Monthly Development Services Department Report
Planning Commission Meeting Recap:
Charlie Klinge provided comments about his client's predicament regarding
remodeling a nonconforming building. It was noted that the issue of nonconformity
is on the Planning Commission's work program and would be addressed when
their current task is completed.
Public hearings were held on proposed code amendments relating to procedures
and divisions of land. Public testimony was presented on the procedures code
amendment regarding who could initiate a text code amendment. After discussion,
the Planning Commission voted to forward recommendations on each code
amendment to the City Council.
Other business discussed, included a draft of a code amendment relating to permit
fees, the development/building envelope standards and floor area ratio, and
council activity on wireless communication facilities. The commissioners had a
mixture of concerns regarding the development/building envelope standards. The
main concern focused on the change in setbacks. Staff also presented feedback
from Hunts Point's planner regarding their experience with floor area ratio.
The Planning Commission was briefed on the status of the wireless
communication facilities. There was discussion about a joint meeting with the City
Council, which the Commissioners were in favor of.
Hearing Examiner Decisions:
• An open -record hearing was held on June 3 to amend St. Thomas Elementary
School Special Use Permit to change the condition from allowing a maximum
enrollment of 293 students to allowing 395 students. The address is 8300 N.E.
12t" Street. The City received written comments supporting and opposing the
application. A decision is expected by the third week of June.
• An open -record hearing was held on June 3 for a substantial development
permit to install tolling equipment on the SR 520 east transitional span. The
applicant is Washington State Department of Transportation. Agency
comments were received, but no public comments were received. A decision
is expected by the third week of June.
Land Use Administrative Decisions:
• A minor deviation was approved to match nonconforming setbacks at 8029 NE
281h Street. The applicant is Stephanie and Imad Haque.
Land Use Decisions Issued For 2010:
Type of Decision
Variances/ Minor Deviations
SEPA
Conditional Uses/ Special Uses
Substantial Development Permit
Lot Line Adjustments
Short Subdivisions
Site Plan Reviews
Wireless Facilities
Land Use Applications Received in May:
Case Number
2010-01
Description of Permit
2010 YTD
2
0
0
1
2
0
0
0
Location
Site Plan Review (KEH) 3315 Evergreen Point Road
Building/ ROW Permit Applications Received — May 1 through May 31, 2010:
Building Permits:
10
Grading/ Drainage
1
Demolition Permits:
1
Fence:
0
Mechanical:
9
Reroof:
0
Fire Sprinkler:
0
Right-of-way Permits
6
Total`
27
Building Permits Issued in April 2010: See Attached.
Other Items of Interest:
Permit Renewals: The month of May saw a high number of construction permits
being renewed. This included four building permits, three grading and drainage
permits, and three mechanical permits.
2
Construction Value
New Construction
Permit Renewals
Addition / Alteration
Accessory Structure
Repair / Replace
Fence/Wall
Mechanical
Fire Sprinkler
Wireless Comm Facility
Permit Report
April, 2010
2010 2009
Current Current 2010 2009
Month I Month I I YTD YTD Difference
0
0
1,181,000
6,618,500
9,950
125,000
0
0
0
0
0
4,100
N/A
N/A
16,400
10,000
0
0
TOTAL VALUE 1 1,207,3501 6,757,600
0
2,000,000
($2,000,000)
4,591,000
6,635,500
($2,044,500)
831,450
2,219,855
($1,388,405)
268,000
8,700
$259,300
121,520
25,980
$95,540
55,300
37,400
$17,900
N/A
N/A
N/A
52,460
37,011
$15,449
0
0
$0
5,919,7301
10,964,446
($5.044.716)
Permits Issued
New Construction
0
0
0
1
(1)
Permit Renewals
2
4
5
5
0
Addition / Alteration
1
1
5
8
(3)
Accessory Structure
0
0
8
3
5
Fence/Wall
0
1
3
8
(5)
Demolition
0
0
1
8
(7)
Grading/Drainage
1
0
4
4
0
Tree Mitigation
0
0
3
5
(2)
Mechanical
3
4
16
16
0
Fire Sprinkler
1
1
5
4
1
Reroof
0
0
2
2
0
Repair / Replace
0
0
3
2
1
Right -of -Way Use
4
5
20
21
(1)
Construction Mitigation
0
0
0
4
(4)
Wireless Comm Facility
0
0
0
0
0
TOTAL PERMITS 1
12 1
16
75 1
91
16
Inspections
Building
46
48
145
187
(42)
Construction Mitigation
2
6
6
10
(4)
Grading/Drainage
6
4
28
37
(9)
Tree Mitigation
5
5
20
34
(14)
Right -of -Way
2
34
57
98
41
TOTAL INSPECTIONS
61
97
256
366
(110
HUNTS POINT
MONTHLY SUMMARY
MAY, 2010
FELONY CRIMES
No significant felony incidents occurred during the month of May.
MISDEMEANOR CRIMES
No significant misdemeanor incidents occurred during the month of May.
OTHER
MEDINA POLICE DEPARTMENT
MONTHLY SUMMARY
MAY, 2010
Police Chief Jeffrey Chen
F1':UAY CRIMES
Theft 2010-001642 05/03/10
3400 block of Evergreen Pt Rd
Victim reported a theft of a wrist watch from his residence after he had some day laborers
present. The victim requested a police report only.
Total loss: $10,800
Malicious Mischief 2010-0001659 05/04/10
8000 Block of NE 8"' (Medina Elementary)
The custodian contacted Medina Police to report that during the night, person(s)
unknown had thrown rocks damaging the west play court wall. Estimated damage: $500
Stolen Vehicle (Recovered) 2010-0001887 05/18/10
E-lert #10-10
2800 block of 84 h Ave NE
At approximately 1:17 pm on May 18, 2010, Medina Police stopped a vehicle with no
rear license plate in the 2800 block of 84t' Avenue NE. The officer contacted the driver,
who claimed the license plate fell off in the snow as he was traveling from Georgia. The
driver stated the vehicle was a rental. Investigation by the officer revealed the subject
was long over -due in returning the rental car and had not communicated with the rental
agency. The officer confirmed the vehicle was in fact stolen and took the subject into
custody. In addition, a records check confirmed the subject had an outstanding felony
warrant out of Georgia for forgery. The subject was booked into King County Jail.
Vehicle Prowl (Theft) 2010-0002037 05/27/10
7800 block of NE 10"' St
Victim reported his vehicle was parked in the driveway, and thought it had been locked.
The next morning he discovered the passenger door and trunk lid open. There was no
visible damage to the vehicle that would suggest forced entry. Taken from the vehicle's
trunk was a set of golf clubs and golf bag. Total loss: $1,500
Stolen Property (License Plates) 2010-0002040 05/27/10
8300 block of NE 24`h
Medina Police Officers were alerted to a possible stolen vehicle within our city limits.
The vehicle was quickly located by Medina officers with stolen license plates. Further
investigation confirmed the driver of the vehicle was unaware his license plates were
stolen by person(s) unknown and replaced with the stolen plates.
MISDEMEANOR CRIMES
Vehicle Prowl (Theft) 2010-0002000 05/24/10
7900 block of NE 26�' St
Medina officer responded to a report of a vehicle prowl. The victim stated their vehicle
was parked, unlocked, in their carport. Two pair of sunglasses was taken from the
vehicle. Total loss: $80
Fraud (ID Theft) 2010-0002105 05/31/10
2500 Medina Circle
Victims reported they discovered their credit card account had been compromised by
person(s) unknown. The credit card company locked their access because the address on
the account was in Atlanta. The victim was advised to alert other credit card companies
and their bank.
OTHER
Warrant 2010-0001679 05/05/10
E-lert #10-09
7700 block of NE 12t' St
At approximately 0217 hours on 5/5/2010, Medina Police stopped a vehicle with three
occupants inside for speeding in the 7700 block of NE 12"' street. The driver was
arrested for having a suspended license and on a $5100 warrant out of Snoqualmie for
possession of stolen property in the third degree. One of the two passengers was arrested
on a felony no bail warrant out of the Washington State Department of Corrections with
nationwide extradition for parole violations. A search of this passenger also located a
window punch tool commonly used for breaking car windows. Other items in the vehicle
were located that are frequently associated with vehicle prowling. All three occupants
were convicted felons with no explanation for why they were in the Medina area. The
driver was turned over to the Snoqualmie Police Department on his warrant and the
passenger was booked into the King County Jail.
Death Investigation 2010-001699 05/06/10
1200 block of Evergreen Pt Rd
Medina officer responded to investigate a call of an elderly man who passed away of
natural causes. Medina officer consoled the family until a representative of the funeral
home arrived.
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
1W
Monthly Activity Report
City of Medina
2010
Felony Crimes
May
YTD YTD
Year End
2010
2010 2009
2009
Assault, Aggravated
0
0 0
0
Robbery
0
0 0
0
Sexual Assault/Rape
0
0 0
0
Burglary (inc Attempt)
0
0 8
11
Drug Violations
0
0 0
0
Fraud (ID Theft)
1
5 5
14
Vehicle Prowl
1
2 6
7
Theft (over $250)
1
3 7
9
Malicious Mischief
1
1 3
6
Arson
0
0 0
0
Auto Theft (inc Recovery)
1
1 2
4
Poss Stolen Property
1
1 1
2
Other
0
0 0
0
TOTAL
6
13 32
53
Misdeameanor
May
YTD YTD
Year End
Crimes
2010
2010 2009
2009
Assault, Simple
0
0 2
2
Malicious Mischief
0
0 1
5
Vehicle Prowl
1
1 15
15
Theft (Under $250)
0
2 2
5
Domestic Violence
0
0 1
4
Minor in Possession
0
2 0
5
Drug Violations
0
5 7
10
Poss Stolen Property
0
0 1
1
Total
1
10 29
46
Page 1
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
qW
YEARLY ACTIVITY REPORT
City of Medina
2010
Felony Crimes
Jan
Feb
Mar
Apr
May Jun Jul Aug Sept Oct Nov Dec
Total
Assault, Aggravated
0
0
0
0
0
0
Robbery
0
0
0
0
0
0
Sexual Assault/Rape
0
0
0
0
0
0
Burglary (inc Attempt)
0
0
0
0
0
0
Drug Violations
0
0
0
0
0
0
Fraud (ID Theft)
1
2
1
0
1
5
Vehicle Prowl
0
0
1
0
1
2
Theft (over $250)
1
1
0
0
1
3
Malicious Mischief
0
0
0
0
1
1
Arson
0
0
0
0
0
0
Auto/Boat Theft
0
0
0
0
1
1
Poss Stolen Property
0
0
0
0
1
1
Other
0
0
0
0
0
0
TOTAL
2
3
2
0
6 0 0 0 0 0 0 0
13
Misdeameanor
Crimes
Jan
Feb
Mar
Apr
May Jun
Jul Aug Sept Oct Nov Dec Total
Assault, Simple
0
0
0
0
0
0
Malicious Mischief
0
0
0
0
0
0
Vehicle Prowl
0
0
0
0
1
1
Theft (Under $250)
0
1
1
0
0
2
Domestic Violence
0
0
0
0
0
0
Minor in Possession
0
1
0
1
0
2
Drug Violations
3
1
0
1
0
5
Poss Stolen Property
0
0
0
0
0
0
Total
29
3
1
2
1 0
0 0 0 0 0 0 10
Page 2
�J
Traffic
ACCIDENTS
Injury
Non -Injury
TOTAL
Traffic
CITATIONS
Driving Under Influence
*Other
Total
Traffic
INFRACTIONS
Speeding
Parking
**Other
Total
WARNINGS
Total
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
City of Medina
2010
May
YTD
YTD
2010
2010
2009
0
0
0
3
8
3
3
8
3
May
YTD
YTD
2010
2010
2009
3
19
24
8
52
74
11
71
98
May
YTD
YTD
2010
2010
2009
55
196
82
5
28
22
40
177
141
100
401
245
May
YTD
YTD
2010
2010
2009
126
475
416
May
YTD
YTD
CALLS FOR SERVICE
2010
2010
2009
House Watch
21
113
191
False Alarms
40
139
137
Assists
31
117
223
Suspicious Circumstances
8
55
77
Property-Found/Lost
0
3
5
Animal Complaints
4
20
15
Missing Person
0
1
0
Warrant Arrests
8
27
23
***Other
1
8
2
Total
113
483
673
*DWLS; Fail to Transfer Title; No License
**Expired Tabs; No insurance; Fail to stop; Defective Equipment
***Verbal Domestic; Vandalism; Civil Dispute; Disturbance
Year End
2009
0
11
11
Year End
2009
68
163
231
Year End
2009
136
83
274
493
Year End
2009
872
Year End
2009
420
361
342
159
9
41
2
63
9
1406
Page 3
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
YEARLY ACTIVITY REPORT
City of Medina
2010
Traffic
Accidents Jan
Feb
Mar Apr
May Jun Jul Aug Sep Oct Nov Dec
Total
Injury 0
0
0 0
0
0
Non -Injury 1
1
0 3
3
8
TOTAL 1
1
0 3
3 0 0 0 0 0 0 0
8
Traffic
Citations Jan
Feb
Mar Apr
May Jun Jul Aug Sep Oct Nov Dec
Total
Driving Under Influence 8
3
3 2
3
19
Other 14
10
8 12
8
52
Total 22
13
11 14
11 0 0 0 0 0 0 0
71
Traffic
Infractions
Jan
Feb
Mar
Apr
May Jun Jul Aug Sep Oct Nov Dec
Total
Speeding
17
31
34
59
55
196
Parking
2
16
4
1
5
28
Other
19
15
20
83
40
177
Total
38
62
58
143
100 0 0 0 0 0 0 0
401
Warnings
Jan
Feb
Mar
Apr
May Jun Jul Aug Sep Oct Nov Dec
Total
Total
70
80
90
109
126
475
Calls for Service Jan
House Watch
15
False Alarms
17
Assists
19
Suspicious Circumstance
11
Property-Found/Lost
0
Animal Complaints
3
Missing Person
0
Warrant Arrests
4
Other
2
Total
71
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
14
31
32
21
113
22
35
25
40
139
20
26
21
31
117
13
13
10
8
55
1
0
2
0
3
3
7
3
4
20
0
0
1
0
1
8
5
2
8
27
2
1
2
1
8
83
118
98
113 0 0 0 0 0 0 0
483
Page 4
Town of
Hunts Point
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
Town of Hunts Point
2010
Felony Crimes
May
YTD
YTD
Year End
2010
2010
2009
2009
Burglary
0
0
0
0
Forgery (Identity Theft)
0
0
0
0
Vehicle Prowl
0
0
1
1
Theft (over $250)
0
1
2
2
Possession Stolen Prop
0
0
0
0
Drug Violation
0
0
0
0
Auto/Boat Theft
0
0
0
0
TOTAL
0
1
3
3
Misdeameanor
May
YTD
YTD
Year End
Crimes
2010
2010
2009
2009
Assault, Simple
0
1
0
0
Malicious Mischief
0
0
0
1
Vehicle Prowl
0
0
1
1
Theft (Under $250)
0
0
0
0
Possession Stolen Prop
0
0
0
0
Domestic Violence
0
0
0
0
Minor in Possession
0
0
0
0
Drug Violations
0
0
3
4
Total
0
1
4
6
Page 5
MEDINA POLICE DEPARTMENT
Town of Jeffrey Chen, Chief of Police
Hunts Point Yearly Activity Report
Town of Hunts Point
2010
Felony Crimes
Jan
Feb
Mar
Apr
May Jun Jul Aug Sept Oct Nov
Dec Total
Burglary
0
0
0
0
0
0
Forgery (Identity)
0
0
0
1
0
1
Vehicle Prowl
0
0
0
0
0
0
Theft (over $250)
0
0
0
1
0
1
Poss Stolen Prop
0
0
0
0
0
0
Drug Violation
0
0
0
0
0
0
Auto/Boat Theft
0
0
0
0
0
0
TOTAL
0
0
0
2
0 0 0 0 0 0 0
0 2
Misdeameanor
Crimes
Jan
Feb
Mar
Apr
May
Jun Jul Aug Sept Oct Nov Dec Total
Assault, Simple
0
1
0
0
0
1
Malicious Mischief
0
0
0
0
0
0
Vehicle Prowl
0
0
0
0
0
0
Theft (Under $250)
0
0
0
0
0
0
Poss Stolen Prop
0
0
0
0
0
0
Domestic Violence
0
0
0
0
0
0
Minor in Possession
0
0
0
0
0
0
Drug Violations
0
0
0
0
0
0
Total
0
1
0
0
0
0 0 0 0 0 0 0 1
Page 6
MEDINA POLICE DEPARTMENT
Town Of Jeffrey Chen, Chief of Police
Hunts Point Monthly Activity Report
Hunts Point
2010
Traffic
May
YTD
YTD
Year End
CITATIONS
2010
2010
2009
2009
Driving Under Influence
0
1
4
11
Accidents
0
0
0
3
*Other
6
12
18
34
Total
6
13
22
48
Traffic
May
YTD
YTD
Year End
INFRACTIONS
2010
2010
2009
2009
Speeding
1
3
0
0
Parking
0
2
0
1
**Other
38
115
126
267
Total
39
120
126
268
May
YTD
YTD
Year End
WARNINGS
2010
2010
2009
2009
Total
22
84
93
178
May
YTD
YTD
Year End
CALLS FOR SERVICE
2010
2010
2009
2009
House Watch
2
11
12
29
False Alarms
4
26
20
46
Assists
4
17
20
46
Suspicious Circumstances
2
8
9
25
Property-Lost/Found
0
0
0
0
Animal Complaints
0
0
1
3
Missing Person
0
0
0
0
Warrant Arrests
0
0
1
8
***Other
1
1
0
0
Total
13
63
63
157
*DWLS; Fail to Transfer Title;No License
**Expired Tabs; No insurance;Fail
to
stop;Defective Equipment
***Verbal Domestic; Harassment; Civil
Dispute;Trespass
Page 7
Town of
Hunts Point
Traffic
Citations
Driving Under Influence
Accidents
Other
Total
Traffic
Infractions
Speeding
Parking
Other
Total
Warnings
Total
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
YEARLY ACTIVITY REPORT
HUNTS POINT
2010
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
1
0
0
0
0
1
0
0
0
0
0
0
1
2
1
2
6
12
2
2
1
2
6
0
0
0
0
0
0
0
13
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
0
0
2
0
1
3
0
0
0
2
0
2
16
19
21
21
38
115
16
19
23
23
39
0
0
0
0
0
0
0
120
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
12
15
20
15
22
84
Calls for Service
House Watch
False Alarms
Assists
Suspicious Circumstances
Property-Lost/Found
Animal Complaints
Missing Person
Warrant Arrests
Other
Total
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
3
5
0
1
2
11
5
9
2
6
4
26
3
3
3
4
4
17
1
2
2
1
2
8
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
1
12
19
7
12
13
0
0
0
0
0
0
0
63
Page 8
CITY OF MEDINA
Office of the City Manager
June 9, 2010
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Joe Willis Sr., Director of Public Works
Subject: May 2010 Public Works Report
1. We met with the Architect Consultants for the City Hall expansion on May 19th.
Project plans, specification review comments, and boiler plate sections were given to
the architect for revisions to the 75% bid documents. Several items were discussed
that included matching the existing exterior deck railing, siding appearance and trim,
use of 2x10 facia trim boards on the exterior and wrapping of exterior glu-lam beams
with finish boards to hide connectors.
A presentation of material samples was made by an interior designer for the
selection of interior building finishes. Carpet tiles were selected for the floor carpet
areas using "Blueridge" Harmony decaf or alternate Chaparral. Entry slate with
minimum clefting in a Virginia Mist with rust color variation or alternate porcelain in a
similar color in 12 x 12 or 18 x 18 inch size was selected. Door schedules were
reviewed and Corian wet area counter tops in a shale color were preferred.
Laminate Cabinet faces with Corian concrete gray color surfaces were preferred.
Window and baseboard wood trim in white were selected. Kitchen area flooring in
charcoal colored Marmoleum was chosen. Wall color Benjamin Moore HC 80 or 81
was chosen for all interior walls. The interior designer will prepare a color and
sample board for review by the City prior to final finish selections and incorporation
into the project specifications to be accomplished by addendum on June 23rd while
the project is out for bid.
The Public Works Director learned on June 2nd that the audio/visual/security system
design drawings and specifications were not being incorporated into the bid
documents by Group Mackenzie because the architect principal did not want to
assume any liability for the IT systems design that was being completed under a
separate design consultant agreement by Interface Engineers of Portland Oregon.
After discussing options with the City Manager and the City Attorney it was decided
to draft an addendum to the architect design contract to indemnify Group Mackenzie
of liability for the IT system design and offer it to the architect. The architect principal
is reviewing the draft indemnification agreement and if acceptable will include the IT
system design in an addendum to the bid documents on June 23rd. If the
indemnification agreement is not accepted, the IT system design will need to be bid
as a separate contract.
95% bid and construction documents were delivered to the City for review on June
7tn A pre -bid conference will be held at City Hall on Thursday June 101" at 1 PM.
The bid opening is scheduled for June 301" at 2 PM. Council award is scheduled for
July 12t" with construction starting on or after August 161" following Medina Days in
order to allow the public to enjoy the use of the park for most of the summer and
accommodate the annual Medina Days fireworks show.
2. We met with Paul Bell (St Thomas Church representative) and Bob Simeone (Parish
Hall Project Manager) on June 3rd to discuss the lease of a portion of the eastern St
Thomas Church parking lot for the temporary City Hall site during the reconstruction
of City Hall. The discussions resulted in a better understanding of the joint use of the
site by both parties and substantial agreement on the terms of the lease. The formal
lease agreement is expected to be brought to the Council for approval on July 12th.
The attached drawing describes the area to be utilized by the City and some of the
site improvements to be accomplished prior to the placement of the modular offices.
The current schedule is as follows:
o Finalize the lease agreement by July 12tn
o Prepare the site for the modular offices including added parking stalls
o Move in and set up the modular offices in early August
o Move to the offices on August 15t" through August 17t" with City Hall closed
on August 16tn
3. On May 241", Mercer Island Marine Patrol provided divers to examine the Medina
Beach Park swim float. The divers determined that the float anchor chains were
deteriorated with only one anchor chain attached, and that the float is in too shallow
of water to permit diving off of the platform. They removed the float mooring and
towed it to Mercer Island for storage. On June 10tn, the divers will establish where
there is sufficient water depth for the placement of the swim float and mark the area
with temporary bouys. It was learned from other municipalities with swim floats that
at least 9 feet of unobstructed depth of water is recommended. If the distance from
shore to a location with sufficient depth for the anchors and the lowering of the lake
during the summer is not too far offshore we anticipate that the swim float may be
reset. Should that area turn out to be too far offshore, there is a greater danger for
swimmers to become too tired to reach the float and a lifeguard boat is
recommended to be on -site for rescues. Another consideration is if the distance is
too far offshore, it may be a hazard to boating traffic. When more information is
known, we will inform Council and consider a proper course of action.
4. Councilmember Nelson, City Manager, and Public Works Director continue to
discuss the SR 520 Eastside Project Points Communities jurisdictional agreements
with WSDOT staff. At the last meeting on June 8th, WSDOT representatives
requested that the City provide comments on the proposed partnering agreements
for technical coordination of the project prior to and during the Design -Build stage of
the project. WSDOT requests that one representative be appointed to serve as a
technical coordinator for each City. The initial Project Services staff/consultant
participation reimbursement agreement is included in the Council's packet for June
14t". Subsequent agreements defining roles and responsibilities and maintenance
responsibilities and cost sharing is being drafted and proposed by WSDOT for City
approval at their July Council meeting.
2
5. Bellevue Utilities representatives and consultants met with City staff on June 8t" to
inform us that they are beginning a Sewer Lake Line comprehensive study to
determine the condition of the shoreline sewer pipes, their location, provide
recommendations for their operations and maintenance, and recommend a
repair/replacement program. The study is in the scoping stage, and as more
information is developed, the City and the individual waterfront owners will be
notified of the intended inspection schedule expected to be conducted by boat this
summer.
6. The Public Works crew continues to maintain our City streets, sidewalks, and parks
to a commendable level of service. They continue to work on spring cleanup and
improvements in the parks as duties allow. Pruning and planter bed grooming is
proceeding according to plan around the Medina Park ponds. A board notices for
Council meetings and E-lerts signup continue to be set out to remind residents to
sign up to receive City newsletters and public notices via e-mail. The crew
appreciated the recent police presence in Medina Park to remind dog owners of their
obligation to obey the dog leash rules.
7.
3
n c Z
�O o
fZ
ITEM CA-1
DRAFT
MEDINA CITY COUNCIL
REGULAR MEETING MINUTES
Medina City Hall Council Chambers
May 10, 2010, 6:30 pm
CALL TO ORDER
Bret Jordan called the May 10, 2010 Regular Meeting of the Medina City Council to
order at 6:33 pm.
ROLL CALL
Council Members Present: Patrick Boyd, Doug Dicharry, Bret Jordan, Janie Lee,
Mark Nelson, Katie Phelps, and Shawn Whitney
City Staff Present: Donna Hanson, City Manager; Steve Victor, City Attorney,
Kenyon Disend; Joe Willis, Public Works Director; Robert
Grumbach, Development Services Director; Nancy Adams,
Finance Director; and Rachel Baker, City Clerk
Mayor led council, staff and audience members in the Pledge of Allegiance.
APPROVAL OF MEETING AGENDA
Nelson proposed pulling other business items three, Discussion Amending Chapter
15.04 MMC to Adopt 2009 Washington State Building Codes, and seven, Draft
Surplus Ordinance, and placing on consent. Agenda was approved as amended.
PUBLIC COMMENT
Mayor opened public comment period at 6:36 pm
Resident Charles Simonyi spoke about code compliance complications encountered
while planning reconstruction of his residence and urged council to consider code
amendments to modify restrictions for non conforming structures.
Long term resident, Carol Hasman, voiced her dream for the city to dedicate a park or
other space in honor of Bill and Melinda Gates.
Resident Kay Koelemay expressed her support for Shawn Whitney and endorsed her
appointment to the city council.
Mayor closed public comment period at 6:44 pm
ITEM CA-1
DRAFT
REPORTS AND ANNOUNCEMENTS
Jordan summarized the May Points communities mayors' meeting, noting King
County Executive Dow Constantine and Kirkland and Bellevue mayors were in
attendance.
Nelson provided an update regarding State Route 520 Metro transit stations
explaining that Washington State Department of Transportation Deputy Director David
Dye promised lid transit stations would not change in size and scope from originally
approved design.
Kay Koelemay provided an update on behalf of the Medina Emergency Committee
stating preliminary planning for a Medina Days activity is underway and city staff has
engaged in planning an emergency preparedness work plan. Ms Koelemay briefly
described October's regional sound shake simulated exercise.
Jeff Price, Medina Planning Commission Vice Chair, commented two public hearings
are scheduled for the May 25 agenda and anticipated the commission will take action
following the public hearings. He explained the items are first, a recommendation for a
proposed code amendment relating to administrative review procedures for project
permits, text amendments to development regulations, area -wide zoning map
amendments, and comprehensive plan amendment, and second, a recommendation
for a proposed code amendment relating to divisions of land and lot line adjustments.
Hanson recapped city manager report and Willis provided a summary about signed
de minimis agreement with the Washington State Department of Transportation and
conveyed agreements related to temporary city hall location and modular trailers
remain in negotiations. Adams provided an overview of monthly financial reports and
a software upgrade status.
CONSENT AGENDA
MOTION NELSON AND SECOND DICHARRY TO APPROVE MODIFIED
CONSENT AGENDA. MOTION CARRIED 6-0 AT 7:08 PM.
- Approval of April 12, 2010 City Council Regular Meeting Minutes
- Approval of April 2010 Check Register
Claim check numbers 50245 through 50336 in the amount of $104,387.14,
and payroll checks numbers 3038 through 3050 in the amount of $211,316.67.
- Approval of King County Jail Services Contract
- Acceptance of March 15, 2010 Park Board Minutes
- Acceptance of March 17, 2010 Emergency Committee Minutes
- Acceptance of March 23, 2010 Planning Commission Minutes
- Discussion Amending Chapter 15.04 MMC to Adopt 2009 Washington State Building Codes
- Proposed Surplus Ordinance
Council Minutes May 10, 2010
Page 2
ITEM CA-1
DRAFT
OTHER BUSINESS
City Council Position No. 2 (7.11 pm)
A. Appointment to Position/Oath of Office
Introduction provided by city attorney.
Dicharry voiced to be on the record expressing that this is a unique circumstance
which included an immediate rescission of resignation. He continued to say that if the
position remained open he would advocate obtaining applications and conducting
interviews; however with Whitney's training, experience and knowledge it is in the best
interest of the city to maintain continuity and support her appointment.
Nelson and Jordan voiced support for Whitney and Lee requested to be on record
commenting that Whitney has been a valuable council member in terms of finance,
budget and her contributions over last couple of years. She continued to say that she
would like to see her back on the council.
MOTION DICHARRY AND SECOND PHELPS TO APPOINT SHAWN WHITNEY
TO COUNCIL POSITION NUMBER TWO VACANCY FOR THE REMAINDER OF
THE TERM. MOTION CARRIED 6-0 AT 7:16 PM.
City clerk administered oath of office to Shawn Whitney.
B. Election of Deputy Mayor
Phelps nominated Whitney to position of deputy mayor and Boyd seconded the
nomination. No other nominations were presented and following a 7-0 vote, Whitney
was elected deputy mayor.
C. Appointment to Finance Committee
MOTION LEE AND SECOND NELSON TO APPOINT SHAWN WHITNEY TO THE
FINANCE COMMITTEE FOR THE REMAINDER OF THE TERM. MOTION
CARRIED 7-0 AT 7:19 PM.
Wireless Facilities Consultant Recommendation (7:19 pm)
Jeff Langdon and Tom Holland delivered presentation and responded to council
inquiries. Langdon suggested city review successful best practices in other
municipalities and adopt regulations for such allowances, and to consider locating
wireless sites in city rights of way in lieu of a large scale solution.
Victor conveyed staff can work with consultants in an effort to provide information to
council regarding general reasons why both rights of way and/or tower height
solutions may be recommended.
City Council Minutes May 10, 2010
Page 3
ITEM CA-1
DRAFT
MOTION PHELPS AND SECOND DICHARRY TO ACCEPT CONSULTANTS
RECOMMENDATIONS AND DIRECT STAFF TO DRAFT AN ORDINANCE TO
MAKE IT A REALITY. MOTION CARRIED 7-0 AT 7:56 PM.
Authorization for Transportation Consultant Design Services for Northeast 12 Street
and Lake Washington Boulevard Traffic Safety Improvement (8:11 pm)
Willis provided an overview of phases one and two of project and responded to
council inquiries.
MOTION DICHARRY AND SECOND BOYD TO AUTHORIZE TRANSPO GROUP TO
DESIGN PHASE ONE OF NORTHEAST 12 STREET AND LAKE WASHINGTON
BOULEVARD TRAFFIC SAFETY IMPROVEMENT PROJECT AS AN ADDED SCOPE
OF WORK TO EXISTING TRANSPORTATION CONSULTANT CONTRACT AND TO
AUTHORIZE PUBLIC WORKS DIRECTOR TO MANAGE PROJECT. MOTION
CARRIED 7-0 AT 8:27 PM.
Draft Six -Year Construction Improvement Plan/Transportation Improvement Plan
2011-2016 (8.27 pm)
Willis introduced item. Jordan inquired about funding improvements through a
transportation improvement district and city manager indicated she would research
matter and follow up with council.
MOTION BOYD AND SECOND WHITNEY TO APPROVE SCHEDULING A JUNE
14, 2010 PUBLIC HEARING FOR ADOPTING THE 2011-2016 CIP/TIP. MOTION
CARRIED 7-0 AT 8:32 PM.
Authorize Call to Bids: City Hall Expansion and Renovation Project (8:35 pm)
Willis opened item, provided a project status and responded to questions concerning
plan design and project costs.
MOTION WHITNEY AND SECOND NELSON THAT THE CALL FOR BIDS FOR
THE CITY HALL EXPANSION AND RENOVATION PROJECT BE APPROVED
AND ADVERTISED. MOTION CARRIED 7-0 AT 8:49 PM.
Council Agenda Calendar (8:51 pm)
Council and staff discussed agenda calendar. Council asked for a placeholder on the
June 14 agenda to review city hall design plans.
City Council Minutes May 10, 2010
Page 4
ITEM CA-1
DRAFT
ADJOURNMENT
IMTIN NELSON AND SCOND LEE TO ADURN THE REOGUOLAR MEETING A DEMOTION CARRIED J7O--0 AT 9 04 PM. 10, 2010
The May 10, 2010 Regular Meeting of the Medina City Council adjourned at 9:04 pm.
The Medina City Council will hold its next regular meeting on Monday, June 14, 2010,
at 6:30 pm.
Bret Jordan, Mayor Attest:
Rachel Baker, City Clerk
City Council Minutes May 10, 2010
Page 5
of MF���9
ITEM CA-2
CITY OF MEDINA
June 4, 2010
To: Mayor and City Council
From: Nancy Adams, Director of Finance
Re: Finance Report — May Financials
Please find Revenue & Expense Summaries for May 2010 enclosed in your
Council Packet.
Revenue:
Total Annual Revenue for May YTD 2010 was $257K higher than May YTD 2009.
- Property Tax was $66K higher for YTD 2010 compared to YTD 2009.
- Sales Tax was ($147K) lower for YTD 2010 compared to YTD 2009.
- REET (Real Estate Excise Tax) was ($22K) lower for YTD 2010 compared
to YTD 2009.
- Intergovernmental Revenue was $136K higher for YTD 2010 compared to
YTD 2009.
Expense:
Total Annual Expense for May YTD 2010 was $92K higher than May YTD 2009.
Financial Software Installation & Training Services of $25K and Development
Permit Software Services of $19K were paid during the month of May.
City Hall Project:
Finance has set up some new BARS Codes to track the City Hall Project. Capital
Expenditures related to City Hall are $98K for the period of January — May 2010.
Annual Report:
We filed the Annual Report with the State Auditor's Office on May 20, 2010 (prior
to the May 30t" deadline).
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ITEM CA-3
MEDINA CITY COUNCIL MEETING AGENDA BILL
Schedule public hearing for a code amendment relating to
SUBJECT/TITLE: administrative review procedures for project permits, text
amendments to development regulations, area -wide zoning map
amendments, and comprehensive plan amendments
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: ROBERT J. GRUMBACH
BACKGROUND/SUMMARY:
The Planning Commission forwarded a recommendation to amend the Medina Municipal Code relating
to review procedures involving planning and development. The intent is to replace the City's existing
procedure regulations, which are generally confusing and incomplete, with a more cohesive set of
regulations. Additionally, the recommendation includes adding procedures for processing
comprehensive plan amendments.
In short the Planning Commission's recommendation on a proposed code amendment would:
• Consolidate project -permit review procedures into a single chapter.
• Assign each permit a decision type that corresponds to public notice and hearing requirements.
• Add regulations on vesting of permits.
+ Under consolidated review, when multiple permits require public hearings by different decision -
makers, allow flexibility in who will be designated the decision -maker rather than having these
automatically go to the City Council.
• Tighten up appeal procedures including who constitutes a party of record.
• Add Development Agreements, which already is contained in state law.
• Clarify procedures for processing text code amendments:
o Requires the Planning Commission to forward a written recommendation to the City
Council.
• Separate procedures for area -wide rezones (zoning map amendments) and site -specific rezones.
• Add procedures for processing comprehensive plan amendments:
o Annual docketing of amendments (runs September to September).
o Includes procedures when the City Council significantly modifies a Planning Commission
recommendation.
A summary of the changes can be found in the tables of the staff report.
Attachments: Planning Commission Recommendation
Staff Report
BUDGET/FISCAL IMPACT: None
STAFF RECOMMENDATION: Approval
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Move to direct staff to prepare an ordinance related to administrative
review procedures for project permits, text amendments to development regulations, area -wide
zoning map amendments, and comprehensive plan amendments based on the planning
commission's recommendation and to schedule a public hearing for July 12, 2010.
Final
CA-3
1 MEDINA PLANNING COMMISSION
2 RECOMMENDATION
3
4 RECOMMENDATION OF THE MEDINA PLANNING COMMISSION RELATING
5 TO ADMINISTRATIVE REVIEW PROCEDURES FOR PROJECT PERMITS,
6 TEXT AMENDMENTS TO DEVELOPMENT REGULATIONS, AREA -WIDE
7 ZONING MAP AMENDMENTS, AND COMPREHENSIVE PLAN
8 AMENDMENTS
9
10 WHEREAS, the City of Medina is classified as a non -charter code City under title
12 35A RCW; and
13 WHEREAS, the Regulatory Reform Act, chapter 36.7013 RCW, directs local
14 governments to modify their land development permit procedures to provide certainty for
15 development decisions, ensure that permits are reviewed and issued in a timely manner,
16 provide opportunities for public comment regarding proposed development; and
17
18 WHEREAS, the Growth Management Act (GMA), chapter 36.70A RCW, and
19 Planning and Zoning in Code Cities, chapter 35A.63 RCW, establish minimum requirements
20 for administrative procedures for processing amendments to comprehensive plans and
22 zoning regulations; and
23 WHEREAS, the City Council adopted a chapter on project permit applications by
24 25 Ordinance 600, on March 11, 1996; and
26 WHEREAS, the City Council has adopted numerous other administrative review
277 procedures relating to project permits throughout the Medina Municipal Code; and
28
29 WHEREAS, the City performed a comprehensive review of its zoning and
30 development regulations; and
31
32 WHEREAS, a permitting and zoning study was prepared and presented to the City
33 Council at a special meeting on June 29, 2009, with the following goals:
34
35 1. Create a user-friendly code that is more easily understood by people who are not
36 land use professionals;
38 2. Maintain consistency with state and federal law, including consistency with Medina's
40 comprehensive plan;
42 3. Clarify confusing and ambiguous language, and correct conflicting regulations;
43 4. Eliminate redundancy whenever possible;
44
45 5. Maintain flexibility to address individual circumstances by better defined discretionary
46 decision -making authority;
47
48 49 6. Include clear intent language and performance standards;
50 7. Ensure permitting processes include meaningful opportunities for public input as
52 appropriate; and
53 8. Look for opportunities to streamline permit processes to achieve better efficiencies
54 by reducing time, cost and effort while protecting neighboring property owners and
55 the preservation of community character.
PC Recommendation Procedures 1 of 48
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WHEREAS, the Planning Commission reviewed draft administrative review
procedures for project permits and amendments to development regulations at their
September 22, October 27, November 17, 2009; and January 26, February 23, March 23
and April 27, 2010, meetings; and
WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was
transmitted to the Washington State Department of Commerce on April 19, 2010; and
WHEREAS, the adoption of an ordinance pertaining to review procedures relates
solely to governmental procedures and contains no substantive standards respecting use or
modification of the environment and is therefore exempt from the requirements of the State
Environmental Policy Act pursuant to WAC 197-11-800(19); and
WHEREAS, the Planning Commission held a public hearing on May 25, 2010, to
receive public testimony concerning the proposed code amendment; and
WHEREAS, at the conclusion of the public hearing, the Planning Commission voted
on the proposed code amendment.
NOW, THEREFORE, BE IT ADVISED THAT THE PLANNING COMMISSION
RECOMMENDS THE FOLLOWING:
Section 1. A new chapter 20.80 of the Medina Municipal Code is recommended to
be added to read as follows:
Chapter 20.80
PROJECT PERMIT REVIEW PROCEDURES
20.80.010
Purpose.
20.80.020
Applicability.
20.80.030
General Provisions.
20.80.040
Definitions applicable to chapter.
20.80.050
Designation of decision types.
20.80.060
Project permit procedures.
20.80.070
Meetings prior to submitting a project permit application.
20.80.080
Submission requirements.
20.80.090
Optional consolidated permit review.
20.80.100
Determination of completeness.
20.80.110
Notice of application.
20.80.120
Notice of hearing.
20.80.130
Joint public hearing.
20.80.140
General notice requirements.
20.80.150
Combining notices.
20.80.160
Public and agency comments.
20.80.170
Consistency determination.
20.80.180
Report by City staff.
20.80.190
Decisions.
20.80.200
Notice of decision.
20.80.210
Processing timelines.
20.80.220
Appeals.
20.80.230
Administrative appeal procedures.
20.80.240
Development Agreements.
PC Recommendation Procedures 2 of 48
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20.80.010 Purpose.
A. Fundamental land use planning choices made in adopted comprehensive plans and
development regulations shall serve as the foundation for project review. The purpose
of this chapter is to establish the review procedures for processing project permit
applications consistent with chapter 36.706 RCW and local neighborhood involvement.
B. Project permit review shall be used to identify specific project design and conditions
relating to the character of development, such as the details of site plans, drainage,
landscaping, construction and other measures to mitigate a proposal's impacts.
20.80.020 Applicability.
A. This chapter shall apply to all project permits set forth in this chapter, unless specifically
exempt otherwise by law.
B. State agencies shall comply with the provisions of this chapter as provided in RCW
36.70A.103. This provision does not affect the state's authority to site essential public
facilities as provided for under RCW 36.70A.200.
20.80.030 General Provisions.
A. Exemptions. The following project permits are exempt from this chapter:
1. Landmark designations;
2. Street vacations;
3. Legislative actions, such as those set forth in chapters 20.81 through 20.83 MMC.
B. Standard of Review. The land use regulations in effect on the date an application vests
will be the standard of review.
C. Vesting. A project permit application shall vest in the development regulations in effect
at the time of submission of a completed project permit application as defined herein and
all application fees are paid.
D. Conflict with Other Regulations. When any provisions of this chapter conflicts with
provisions of other City regulations, ordinances or resolutions, the more restrictive shall
apply.
20.80.040 Definitions applicable to chapter.
A. Words in this chapter used in the singular shall include the plural, and the plural shall
include the singular, unless the context clearly indicates the contrary.
B. The following definitions apply to this chapter and they should be used in conjunction
with other definitions found in title 20 MMC. However, these definitions are not intended
to replace or alter similar definitions found elsewhere within the Medina Municipal Code
except when specifically applied to the provisions of this chapter.
1. "City" means City of Medina.
2. "Closed -record appeal" means an administrative appeal on the record on a project
permit application following an open -record hearing with no or limited new evidence
or information allowed to be submitted and only appeal argument allowed.
3. "Days" means calendar days.
4. "Development regulations" means the controls placed on development or land use
activities including, but not limited to building codes, zoning, critical areas, shoreline
master programs, official controls, subdivision, together with any amendments
thereto.
5. "Director" means the City manager or designee.
6. "Hearing body" means the body designated by the City Council to preside over an
open -record hearing or closed -record appeal.
PC Recommendation Procedures 3 of 48
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CA-3
7. "Hearing Examiner" means the Administrative Hearing Examiner set forth in chapter
2.78 MMC.
8. "Open -record appeal hearing" means an open -record hearing held on an appeal
when no pre -decision hearing has been held on the project permit application.
9. "Open -record hearing" means a hearing that creates the City's record through
testimony and submission of evidence and information, under procedures prescribed
by the City by ordinance or resolution. An open -record hearing held prior to the City's
decision on a project permit application shall be known as a "pre -decision hearing."
10. "Parties of Record" means:
a. The applicant and any appellant;
b. The property owner, if different than the applicant;
c. The City;
d. Any person or public agency who individually submitted written comments to
the City prior to the closing of the comment period provided in a legal notice;
e. Any person or public agency who individually submitted written comments for
or testified at a pre -decision hearing;
f. Any person or public agency who submitted to the City a written request to
specifically receive the notice of decision or to be included as a party of
record prior to the closing of a open -record pre -decision hearing.
A party of record does not include a person who has only signed a petition. (See
MMC 20.80.160.)
11. "Project permit" or "project permit application" means any land use or environmental
permit or license required from the City for a project action, including but not limited
to building permits, subdivisions, conditional/ special uses, shoreline permits, site
plan review, permits or approvals required by critical area ordinances, site -specific
rezones authorized by a comprehensive plan, tree removal permits, right-of-way
permits, but excluding the adoption or amendment of a comprehensive plan, subarea
plan, or development regulations.
12. "Public meeting" means an informal meeting, hearing, workshop, or other public
gathering of persons to obtain comments from the public or other agencies on a
proposed project permit prior to the City's decision. A public meeting does not
include an open -record hearing. The proceedings at a public meeting may be
recorded and a report or recommendation may be included in the City's project
permit application file.
13. "SEPA" means the State Environmental Policy Act and includes the provisions of
chapter 43.21 C RCW, chapter 197-11 WAC and chapter 18.04 MMC.
20.80.050 Designation of decision types.
A. All project permits are categorized as a Type 1, Type 2 or Type 3 decision, which are
described as follows:
1. Type 1 Decision: these are administrative and ministerial actions that do not require
public notice or a pre -decision hearing. They are categorically exempt from SEPA
review, or have had SEPA review completed in connection with another application
or permit.
2. Type 2 Decision: these are administrative actions that require public notice, but do
not require a pre -decision hearing. They may or may not be categorically exempt
from SEPA review.
3. Type 3 Decision: these are quasi-judicial actions that require public notice and a pre -
decision hearing. They may or may not be categorically exempt from SEPA review.
B. The director shall determine the proper review and decision process for each project
permit application consistent with the provisions of this chapter. Disputes shall be
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resolved in favor of the higher category of decision with a Type 1 decision being the
lowest and a Type 3 decision being the highest.
20.80.060 Project permit procedures.
The procedures for processing a project permit application may include a determination of
completeness, notice of application, notice of hearing, and notice of decision. The following
tables establish the decision type, the person or body authorized to make the decision, the
general review procedures, and notice requirements that are applicable to each project
permit application.
A. Table MMC 20.80.060(A) sets forth project permits that are categorized as Type 1
decisions with the applicable corresponding review procedures.
MMC Table 20.80.060(A) - Tvne 1 decisions
Project Permit
Decision
Authorit
Procedure Re uirements
DOC
NOA
NOH
NOD
Building, reroof and construction permits
not listed / no SEPA
BO
Yes
No
No
Yes
Mechanical permit
BO
Yes
No
No
Yes
Demolitionpermit/ no SEPA
BO
Yes
No
No
Yes
-Grading and drainage permit / no SEPA
BO
Yes
No
No
Yes
Fence permit
BO
Yes
No
No
Yes
Final short subdivision
D
No
No
No
No
Administrative tree removal permit
D
Yes
No
No
Yes
Hazardous tree designation
D
Yes
No
No
Yes
-Right-of-way ermit
E
Yes
No
No
Yes
Lot line adjustment
D
Yes
No
No
Yes
-Zoning code interpretation
D
No
No
No
Yes
-Accessory dwelling units
D
Yes
No
No
Yes
Administrative sign approval
D
Yes
No
No
Yes
Code of conduct approval
E
Yes
No
No
Yes
SEPA letter of exemption
D1
No
No
No
Yes
Shoreline letter of exemption
D
No
No
No
Yes
Shoreline Master Program interpretation
D
No
No
No
Yes
-Temporary Use Permit
D
No
No
No
Yes
Notes:
"DOC" - determination of completeness required pursuant to MMC 20.80.100
"NOK - notice of application required pursuant to MMC 20.80.110
"NOW - notice of hearing required pursuant to MMC 20.80.120
"NOD" — notice of decision required pursuant to MMC 20.80.200
TO" means building official has authority to make the decision
T" means the director has authority to make the decision
"E" means the City engineer or designee has authority to make the decision
1 Director here means the person designated as the Responsible Official
B. Table MMC 20.80.060(B) sets forth project permits that are categorized as Type 2
decisions with the applicable corresponding review procedures.
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MMC Table 20.80.060(B) - Type 2 decisions
Project Permit
Decision
Procedure Requirements
DOC
NOA
NOH
NOD
Authorit
Building permit / with SEPA
BO/ D1
Yes
Yes
No
Yes
Demolition permit / with SEPA
BO/ D1
Yes
Yes
No
Yes
Grading and drainage permit / with
BO/ D1
Yes
Yes
No
Yes
SEPA
Administrative right-of-way tree
D
Yes
Yes
No
Yes
trimming/ removal permit
Administrative special use permit
D
Yes
Yes
No
Yes
Administrative variance
D
Yes
Yes
No
Yes
Minor deviation
D
Yes
Yes
No
Yes
SEPA threshold determination
D1
Yes
Yes2
No
Yes
Preliminary short subdivision
D
Yes
Yes
No
Yes
Tailored construction mitigation plan —
D
Yes
Yes
No
Yes
level 1
Final subdivision
CC
No
No
No
Yes
Notes:
"DOC" - determination of completeness required pursuant to MMC 20.80.100
"NOK - notice of application required pursuant to MMC 20,80.110
"NOW - notice of hearing required pursuant to MMC 20.80.120
"NOD" — notice of decision required pursuant to MMC 20.80.200
"BO" means building official has authority to make the decision
"D" means the director has authority to make the decision
"CC" means the City Council makes the decision
"E" means the City engineer or designee has authority to issue a decision
1 Director here means the person designated as the Responsible Official
2A NOA is not required for a SEPA threshold determination issued pursuant to WAC 197-11-340 1 .
C. Table MMC 20.80.060(C) sets forth project permits that are categorized as Type 3
decisions with the applicable corresponding review procedures.
MMC Table 20.80.060(C) - Type 3 decisions
Project Permit
Decision
Authority
Procedure Re uirements
DOC
NOA
NOH
NOD
Non -administrative special use permit
HE
Yes
Yes
Yes
Yes
Conditional use permit
HE
Yes
Yes
Yes
Yes
Historical use permit
HE
Yes
Yes
Yes
Yes
Non -administrative variance
HE
Yes
Yes
I Yes
Yes
Site -specific rezone
PC/CC1
Yes
Yes
Yes
Yes
Reasonable use exception
HE
Yes
Yes
Yes
Yes
Non -administrative right-of-way tree
trimming/ removal permit
HE
Yes
Yes
Yes
Yes
Non -administrative tree removal
permit
HE
Yes
Yes
Yes
Yes
Site plan review
PC
Yes
Yes
Yes
Yes
Tailored construction mitigation plan
level 2
PC
Yes
Yes
Yes
Yes
Preliminary subdivision
HE/CC2
Yes
Yes
Yes
Yes
Shoreline Substantial Development
HE
Yes
Yes
Yes
Yes
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Permit
Shoreline Variance
HE3
Yes
Yes
Yes
Yes
Shoreline Conditional Use Permit
HE3
Yes
Yes
I Yes
Yes
Notes:
"DOC" - determination of completeness required pursuant to MMC 20.80.100
"NOX - notice of application required pursuant to MMC 20.80.110
"NOW - notice of hearing required pursuant to MMC 20.80.120
"NOD" — notice of decision required pursuant to MMC 20.80.200
"HE" means the Hearing Examiner has authority to make the decision
"PC" means the Medina Planning Commission has authority to make the decision
"CC" means the City Council makes the decision
1The Planning Commission holds the open -record hearing and makes a recommendation to the City
Council. The City Council decides the rezone at a closed record meeting.
2Hearing Examiner holds the open -record hearing and makes a recommendation to the City Council.
The City Council decides the preliminary subdivision at a closed record meeting.
3The Hearing Examiner's action on shoreline variances and shoreline conditional use permits is a
recommendation to the Washington State Department of Ecology who decide these permits pursuant to
chapter 90.58 RCW.
20.80.070 Meetings prior to submitting a project permit application.
A. Pre -development meeting. The purpose of a pre -development meeting is to acquaint
the applicant with the processes of the City and to discuss issues involving development,
an application, or a project.
1. A pre -development meeting may be held at any time before an application is
submitted.
2. The City may require a pre -development meeting when a proposal is determined by
the director to be of a size or complexity to necessitate such a meeting.
3. A pre -development meeting is not intended to be an exhaustive review of all potential
issues and the discussion shall not be binding or prohibit the enforcement of
applicable laws. Failure to provide all pertinent information may prevent the City
from identifying all of the issues or providing the most effective pre -development
meeting.
B. Intake meeting. This is the first formal step in the project permit review process.
1. An intake meeting is mandatory for all project permit applications prior to submittal.
The director may waive this requirement if it is determined to be unnecessary.
2. The purpose of the meeting is to determine the adequacy of the project permit
application for submission.
3. An intake meeting is not a determination of a complete project permit application as
set forth in MMC 20.80.100 and does not vest the application.
20.80.080 Submission requirements.
A. A project permit application shall be on forms, number of forms, and be in a manner
determined by the City.
B. The City shall establish the minimum submittal requirements consistent with MMC
20.80.080(C) and other provisions of the Medina Municipal Code for each type of project
permit application. The submittal requirements shall be made available to the public in a
written checklist or other form provided by the City that clearly describes the materials
that must be submitted for an application to be considered acceptable.
C. Unless specified otherwise, an application shall at a minimum include the following:
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1. A completed application form;
2. A legal description of the property, property address, and associated tax parcel
number;
3. A vicinity map showing the location of the property including surrounding streets,
private lanes, shorelines and other reference points;
4. A site plan when physical changes to the property will result from approval of the
application;
5. When required, mailing labels containing the names and addresses of all owners of
record of parcels within the notification radius prescribed by this chapter;
6. The names, addresses, and phone numbers of the applicant and all owners of the
property, along with a signed letter or other verification of the owner consent to the
application;
7. When required, SEPA checklist and/or other environmental documentation;
8. Additional information required by the City to support a decision on the application;
and
9. Application fee.
20.80.090 Optional consolidated permit review.
A. An application, which involves two or more project permits, may have the review
processes consolidated under the procedures for the highest category of a type of
decision. The applicant shall specify whether they want the project permit applications
consolidated under a single review process or separately.
B. Only one open -record hearing and no more than one closed -record appeal shall be
allowed under a consolidated review process. If a pre -decision hearing is provided prior
to the decision on a project permit application, a subsequent open -record appeal hearing
shall not be allowed.
C. The City may require an applicant to submit project permit applications under a
consolidated review process if it is found necessary to comply with the one open -record
hearing rule.
D. If multiple permits for a project are processed separately, the highest type of decision
shall be final before subsequent permits can be issued. The director may waive this
requirement when a project permit is not dependent on the higher type of decision for its
justification or implementation.
E. If two or more authorities are designated to decide project permits under the highest
category of consolidated review, except for applications involving subdivisions, which
must be decided by the City Council, the director shall designate which of the authorities
shall decide the consolidated project permit applications.
20.80.100 Determination of completeness.
When the tables in MMC 20.80.060 identify a requirement for a determination of
completeness, the following shall apply:
A. Within 28 days of accepting the project permit application, the City shall provide a written
notice to the applicant that:
1. The application is complete; or
2. The application is incomplete and what is necessary to make the application
complete.
B. To the extent known by the City, the determination of completeness shall identify other
agencies of local, state or federal government that may have jurisdiction over some
aspect of the application.
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C. Failure to provide the written notice within 28 days shall automatically deem the
application as complete.
D. A project permit application is determined complete when it meets the submittal
requirement established in MMC 20.80.080 and is accepted by the City. A determination
of completeness shall not preclude the City from requesting additional information or
studies as a condition to continue review of a project permit application.
E. When a notice for an incomplete application is issued, the applicant shall have 90 days
from the date of the written determination to submit the necessary information. If the
City does not receive the information within 90 days, the application shall lapse. The
director may grant a time extension to submit additional information, if the applicant
makes such a request in writing prior to expiration of the 90 days.
F. When an applicant submits information pursuant to MMC 20.80.100(E), the City shall
provide written notice to the applicant within 14 days of receipt as to whether the
application is complete or if additional information is required. Failure to notify the
applicant within the 14 days will automatically deem the application as complete.
20.80.110 Notice of application.
When the tables in MMC 20.80.060 identify a requirement for a notice of application, the
following shall apply:
A. The City shall provide a notice of application within 14 days after the determination of
completeness is issued.
B. The content of the notice of application shall include the following information:
1. The file number assigned to the project permit;
2. The date the application was received, the date of the determination of
completeness, and the date of the notice of application;
3. A description of the proposal;
4. A list of project permits included with the application, and to the extent known, a list
of the project permits not included in the application
5. Identification of existing environmental documents that evaluate the proposal;
6. The location where the application and any studies can be reviewed;
7. A statement of the public comment period, which shall not be less than 14 days or
more than 30 days;
8. The date, time, place, and type of hearing, if applicable and scheduled at the date of
the notice of the application;
9. A statement of the rights of any person to comment on the application, receive notice
of and participate in any hearings, request a copy of the decision once made and any
appeal rights;
10. A statement of the preliminary determination of consistency pursuant to MMC
20.80.170, if one has been made at the time of notice, of those development
regulations that will be used for project mitigation; and
11. Any other information determined appropriate by the City.
C. The notice of application shall be posted and mailed in accordance with MMC 20.80.140.
Additionally, the notice of application shall be published in accordance with MMC
20.80.140 when the notice of application is combined with a SEPA threshold
determination and/ or notice of hearing.
20.80.120 Notice of hearing.
When the tables in MMC 20.80.060 identify a requirement for a notice of hearing, the
following shall apply:
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A. A notice of hearing is required for all pre -decision hearings and shall be subject to the
following:
1. The City shall provide the notice of hearing at least 15 days before the hearing date;
and
2. In setting the hearing date, the City shall consider the time necessary for comment
and appeal periods on any related SEPA threshold determination, and for the City to
conduct the hearing and issue a decision within the 120-day time period prescribed
in MMC 20.80.210.
B. The content of the notice of hearing shall include the following information:
1. Project description, list of project permits in the application, assigned City file
number, and the City contact person;
2. The date, time, and place for the hearing;
3. The right of any person to participate in the hearings and request a copy of the
decision;
4. If applicable, the SEPA threshold determination and the deadline (date, time and
place) for submitting a SEPA appeal, including a statement that any timely SEPA
appeal shall be heard at the scheduled pre -decision hearing; and
5. Any other information determined appropriate by the City.
C. The notice of hearing shall be posted, mailed, and published in accordance with the
general notice requirements in MMC 20.80.140.
D. Continuation of a hearing does not require additional notice.
20.80.130 Joint public hearing.
A. When requested by the applicant, the City may allow a pre -decision hearing to be
combined with any other hearing that may be held by another local, state, regional,
federal, or other agency for the same project provided that:
1. The hearing is held within the geographic boundary of the City;
2. The hearing is held within 120 days as specified in MMC 20.80.210, unless the time
period is waived by the applicant;
3. Sufficient notice of the hearing is given to meet each of the agencies' adopted notice
requirements; and
4. Each agency participating in the hearing has received the necessary information
from the applicant about the proposed project to hold the combined hearing.
B. In all cases, appeals and hearings shall be combined in a manner which retains
applicable City procedures. The City may combine its notice requirements with other
agencies notices, and the Hearing Examiner shall have the discretion to decide the
procedures for conducting the hearing when there are conflicting procedures.
20.80.140 General notice requirements.
The notice requirements of this chapter are intended to meet or exceed those required by
state law. Notices shall meet the following:
A. When posting is required, the following shall apply:
1. The notice shall be posted on a sign located in an open public right-of-way adjacent
to the subject property and clearly visible from the public street or a public area.
2. When the property does not abut an open public right-of-way, the sign shall be
posted as follows:
a. In an open public right-of-way within 10 feet of where the private lane, shared
driveway, or an un-open public right-of-way connects to the open public right-of-
way.
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b. The City may require additional signs to be posted on the subject property in a
location visible to adjoining property owners, if posting one notice sign is
determined to not be reasonably sufficient by the director.
3. The director shall determine the specifications to the construction and installation of
the signs used to post notices.
4. An affidavit or declaration of posting containing the date, location, and the signature
of the person responsible for the posting shall be provided and serve as proof the
notice was posted.
5. The City, at its option, may be responsible or may direct the applicant to be
responsible for posting signs and notices.
6. Notice shall remain posted throughout the project permit review process until all
appeal periods have expired. Signs may be updated and used for other posted
notices required by the City. However, signs shall be removed within seven days
after all appeal periods have expired, unless the City requires notice to remain
posted longer.
When mailing is required, the following shall apply:
1. Written notice shall at a minimum be sent by first class postage to the following:
a. The applicant and/ or the property owner;
b. Any state, federal or local agencies with jurisdiction related to the project;
c. Any person who writes to the City requesting such notice;
d. The Washington State Department of Transportation when a proposed
subdivision or short subdivision is located adjacent to a state highway right-of-
way.
2. Notice shall be mailed to the addresses of all properties located within a distance of
300 feet or three parcels, whichever distance is greater. Distance shall be measured
from all portions of the subject property including any contiguous property owned,
controlled or under the option of purchase by the same property owner and/ or
applicant.
3. The address of the property owner and/ or taxpayer of record on file with King
County Assessor tax records shall serve as the official record where notice shall be
mailed.
4. Any mailed notice required by this chapter shall be adequate when a good -faith effort
has been made to identify and mail notice to the address of property owners or
taxpayers of record on file with the King County Assessor.
5. Notice mailed to persons at their known address shall be judged to have been
received by those persons if those persons and their addresses are named in a
declaration of mailing. The failure of any person to actually receive the notice shall
not invalidate any permit or approval.
When publishing is required, the following shall apply:
1. Published notice shall be in a newspaper of general circulation within the City
boundaries.
2. The content of the published notice shall include the following:
a. Project location;
b. Project description;
c. Type of permits required;
d. Comment period and dates;
e. Location where the complete application may be viewed.
The provisions of this section shall not limit the City's ability to provide additional public
notice by other means of communication.
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20.80.150 Combining notices.
The City will combine notices, including SEPA notices, whenever possible provided the
requirements of each individual notice are met by the combined notice. Examples of
combined notice include, but are not limited to:
A. Notice of application, SEPA threshold determination and SEPA appeal notice;
B. Notice of application and Optional DNS process;
C. Notice of application and notice of hearing;
D. Notice of application, notice of hearing, SEPA threshold determination and SEPA appeal
notice.
20.80.160 Public and agency comments.
A. Public and agency comments shall be specific. If no written comments are received by
the date specified in the notice, or if no comments are received by the closing of the
record of a pre -decision hearing, the person or agency is presumed to have no
comments on the matter.
B. The City may accept public and agency comments at any time prior to the closing of the
record of pre -decision hearing or if there is no pre -decision hearing, prior to the decision
on the project permit.
C. A person who only signs a petition shall be considered to not have a substantial interest
in the matter. To be considered as having a substantial interest in a matter, a person
must become a party of record pursuant to MMC 20.80.040(B)(10).
20.80.170 Consistency determination.
A. A proposed project shall be reviewed for consistency with applicable development
regulations, or in the absence of development regulations, the appropriate elements of
the Medina Comprehensive Plan. Consideration shall be given to the following:
1. The type of land use permitted, including uses that may be permitted under certain
circumstances, provided the criteria for their approval is satisfied;
2. The level of development, such as density;
3. The availability and adequacy of infrastructure; and
4. The characteristics of the development such as development standards.
B. Nothing in this section requires documentation or limits the City from asking more
specific or related questions with respect to any of the items in MMC 20.80.170(A).
C. Project permit review shall not reexamine or hear appeals to development regulations or
the comprehensive plan, except for issues relating to code interpretations. Nothing in
this section limits the authority of the City to approve, condition, or deny projects as
provided in the development regulations and the policies adopted under SEPA.
20.80.180 Report by City staff.
When a project permit application requires a pre -decision hearing, the following shall apply:
A. Following the expiration of the comment period on the notice of application, the City shall
coordinate and assemble the reviews and comments of persons and local, state and
federal agencies that have an interest in the project permit application.
B. The City shall prepare a report evaluating whether the project permit application meets
applicable decision criteria. The report shall include recommended conditions, if
appropriate, and a recommendation on the action to be taken on the application.
C. At least seven days before the pre -decision hearing, the report shall be made available
to the applicant and the public, and a copy transmitted with relevant exhibits to the
hearing body that will decided the matter.
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20.80.190 Decisions.
The decision authority specified in the tables in MMC 20.80.060 shall decide the
corresponding project permit application. Decisions shall be subject to the following:
A. The decision authority for a Type 1 or Type 2 decision may approve, approve with
conditions, or deny a project permit application based on the appropriate decision
criteria.
B. The decision authority for a Type 3 decision may approve, approve in part, approve with
conditions, deny, deny in part, or deny with conditions based on the appropriate decision
criteria.
C. Decisions shall be issued within the time period prescribed in MMC 20.80.210.
D. Notice of decision shall be provided pursuant to MMC 20.80.200.
E. A decision issued under this chapter shall be given the effect of a final decision.
However, action is not authorized until expiration of the administrative appeal period; or
if an appeal is filed, not until the decision on the administrative appeal is final.
F. Type 2 and Type 3 decisions shall include written findings based upon the record and
conclusions, which support the decision.
G. A final decision issued by a hearing body shall be issued within 14 days after the
conclusion of a pre -decision hearing, unless a longer period is mutually agreed to
between the applicant and the hearing body.
H. A party of record may file a motion for reconsideration of a Hearing Examiner's decision
pursuant to the provisions set forth in MMC 2.78.090.
20.80.200 Notice of decision.
A notice of decision is issued at the conclusion of the project permit review.
A. The notice of decision may be a copy of the report or decision on the project permit
application, or it may be a separate written notice.
B. The City shall provide a notice of decision that includes the following:
1. A statement of any SEPA threshold determination, if notice was not previously given;
2. The administrative appeal process and time period for filing an appeal, if any;
3. Information on requesting reconsideration of a Hearing Examiner's decision, if
applicable; and
4. A statement that affected property owners may request a change in valuation for
property tax purposes notwithstanding any program or revaluation.
C. The notice of decision shall be mailed by first class postage and/or provided by personal
service to the following:
1. The applicant;
2. Parties of record;
3. Any person submitting a written request to the City to receive the decision;
4. King County Assessor's office; and
5. Any other party determined appropriate by the City.
20.80.210 Processing timelines.
A. A decision on a project permit application shall be issued within 120 days from the date
the application is determined to be complete pursuant to MMC 20.80.100, except as
follows:
1. The City makes written findings that a specified amount of additional time is needed
for processing the application; or
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2. A project permit or approval involves public facilities, utilities or related us of public
areas or facilities if the director determines special circumstances warrant a longer
process.
B. If the City is unable to issue its final decision on a project permit application within the
time limits provided for in this section, it shall provide written notice of this fact to the
parties of record. The notice shall include a statement of reasons why the time limits
were not met, and an estimated date for issuance of the notice of decision.
C. In calculating the 120-day time period, the following days shall be excluded:
1. Any period which the City asks the applicant to correct plans, perform required
studies, or provide additional and the applicant takes to provide the additional
information.
2. Any period where the City determines that submitted information is insufficient or
incorrect, and has requested the applicant provide the necessary information.
3. Any period, not to exceed 30 days, during which a code interpretation pursuant to
MMC 17.08.040 is process in conjunction with an underlying project permit
application.
4. Any period during which an environmental impact statement is being prepared.
5. Any period of time for an administrative appeal or reconsideration of the Hearing
Examiner's decision.
6. Any period of time a project permit application requires approval of an amendment to
the comprehensive plan or development regulation in order to receive permit
approval.
7. Any period of time on a project permit application that is substantially revised by the
applicant, in which case a new 120-day time period shall start from the date at which
the revised project application is determined to be complete.
8. Any extension of time mutually agreed upon by the applicant and the City.
D. All excluded periods are calculated from the date the City notifies the applicant to when
the information satisfies the City's requirement.
E. If the City is unable to issue a decision within the time period prescribed by this section,
the City shall notify the applicant in writing. The notice shall include a statement of
reasons why the time limits have not been met and an estimated date of issuance of a
decision.
F. Failure to comply with the required timelines specified by this chapter shall not create a
liability for damages.
20.80.220 Appeals.
The following shall apply to appeals:
A. Type 1 and Type 2 decisions may be appealed to the Hearing Examiner, subject to the
following:
1. Appeals must be filed within 14 days following issuance of a notice of decision. If a
Determination of Nonsignificance (SEPA) with a comment period is issued
concurrently with the project decision, the appeal period shall be extended an
additional seven days.
2. Only parties of record with standing may initiate an appeal. Standing shall constitute
the following:
a. For a Type 1 decision, only the applicant, property owner, and the City shall have
standing;
b. For a Type 2 decision, the applicant, the City and any person who becomes a
party of record pursuant to MMC 20.80.040(B)(10) shall have standing.
3. The appellant shall have the burden of proof by a preponderance of evidence that
the decision was not supported by substantial evidence, except SEPA threshold
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1 determinations, which the appellant shall have the burden of proof by a "clearly
2 erroneous" standard.
3 4. Appeals must be submitted to the City by the date, time and place prescribed in the
4 legal notice. Appeals shall be in writing and contain at a minimum the following
5 information:
6 a. Appellant's name, address and phone number;
7 b. Identification of the application which is the subject of the appeal;
8 c. Statement of the specific objections with the decision or findings;
9 d. Statement of the grounds for appeal and the facts upon which the appeal is
10 based;
11 e. A statement of the relief sought, including the specific nature and extent; and
12 f. A statement attesting to the truthfulness of the information being provided with
13 the appellant's signature.
14 5. Administrative appeals are subject to the procedures set forth in MMC 20.80.230.
15 6. The timely filing of an administrative appeal shall stay the effective date of the
16 decision until the appeal is either decided or withdrawn. Failure to file a timely and
17 complete appeal shall constitute waiver of all rights to an administrative appeal under
18 the Medina Municipal Code.
19 B. Type 3 decisions may be appealed to King County Superior Court by filing a land use
20 petition within 21 days pursuant to RCW 36.70C.
21 C. Exceptions to MMC 20.80.220(A) and (B).
22 1. Appeal of a decision relating to the Medina Shoreline Master Program shall be to the
23 Shoreline Hearings Board pursuant to RCW 90.58.140(6).
24 2. There shall be no administrative appeal of a Type 1 decision on a final short
25 subdivision.
26 3. Appeal of a Type 2 decision on a final plat shall be to King County Superior Court by
27 filing a land use petition within 21 days pursuant to RCW 36.70C.
28 4. Appeal of a Type 3 decision by the Planning Commission shall be the same as an
29 appeal of Type 1 and Type 2 decisions set forth in MMC 20.80.220(A).
30 5. There is no administrative appeal of a SEPA threshold determination associated with
32 a City Council legislative action.
33 20.80.230 Administrative appeal procedures.
35 A. Upon receipt of a complete filing for an administrative appeal and payment of the appeal
36 fee, the City shall transmit a copy of the appeal to the Hearing Examiner.
37 1. An appeal involving an open -record appeal hearing shall be decided within 90 days
38 from the date a complete appeal was filed with the City.
39 2. An appeal involving a closed -record appeal shall be decided within 60 day from the
40 date a complete appeal was filed with the City.
41 B. If there are multiple administrative appeals filed on the same action, they shall be
42 consolidated and combined into one hearing.
43 C. If an appeal of a SEPA threshold determination is filed and action on the project permit
44 involves a pre -decision hearing, the appeal hearing and pre -decision hearing shall be
45 combined.
46 D. The Hearing Examiner may summarily dismiss an appeal in whole or in part without a
47 hearing, if the Hearing Examiner determines that the appeal is untimely, incomplete,
48 without merit on its face, frivolous, beyond the scope of the Hearing Examiner's
49 jurisdiction, or brought merely to secure a delay. Summary dismissal orders shall be
50 issued within 14 days of receipt by the Hearing Examiner of the appeal or a request for
51 dismissal, whichever is later.
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1 E. The City shall provide written notice of the appeal hearing at least 14 days prior to the
2 date of the hearing. The notice may be combined with other notices pursuant to MMC
3 20.80.150. Written notice shall be sent by at least first class postage to the following:
4 1. The appellant and the appellant's representative, if any;
5 2. The applicant and the applicant's representative, if any; and
6 3. All parties of record.
7 F. The rules for the conduct of the hearing shall be pursuant to MMC 2.78.060.
8 G. A final decision shall be issued within 14 days after the conclusion of the hearing or not
9 later than the time periods set forth in MMC 20.80.230(A), whichever is sooner, unless
10 the appellant agrees to an extended time period.
11 H. The Hearing Examiner may affirm, may reverse in whole or in part, or may modify the
12 permit or decision being appealed, or may remand the matter back to City staff with
13 directions for further processing.
14 I. The appeal decision shall include findings based upon the record and conclusions which
15 support the decision.
16 J. If the application is remanded back to City staff for further processing, the Hearing
17 Examiner's decision shall not be considered a final decision, except for purposes of
18 application time limitations. If a new decision is issued by the City, a new appeal period
19 shall commence consistent with the provisions of this chapter.
20 K. Notice of the Hearing Examiner's decision, which may be the decision itself, shall be
21 provided to all parties to the appeal.
22 L. Any party to the appeal may file a written petition for reconsideration of the Hearing
23 24 Examiner's decision pursuant to MMC 2.78.090.
25 20.80.240 Development Agreements.
26
27 A. The City may enter into a development agreement with a person having ownership or
28 control of real property within its jurisdiction or outside its boundaries as part of a
29 proposed annexation or a service agreement. A development agreement sets forth the
30 development standards and other provisions that shall apply to and govern and vest the
31 development, use, and mitigation of the development of the real property for the duration
32 specified in the agreement.
33 B. A determination of completeness, notice of hearing and a notice of decision are required
34 pursuant to the provisions of this chapter. The 120-day time limit for the notice of
35 decision shall not apply to a development agreement.
36 C. The City Council may approve a development agreement by ordinance or resolution
37 38 only.
39 Section 2. A new chapter 20.81 of the Medina Municipal Code is recommended to
40 be added to read as follows:
41
42 Chapter 20.81
443
4 TEXT CODE AMENDMENTS
45 20.81.010 Purpose.
46 20.81.020 Applicability.
47 20.81.030 Initiation.
48 20.81.040 Review procedures.
49 20.81.050 Exception to review procedures.
50 20.81.060 Public participation.
51 20.81,070 Notice.
52 20.81.080 Approval criteria.
53 20.81.090 Comprehensive plan consistency.
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20.81.100 Appeal.
20.81.110 Amendments to the Shoreline Master Program.
20.81.010 Purpose.
This chapter establishes a mechanism for amending the text of Medina's development
regulations.
20.81.020 Applicability.
This chapter applies to text code amendments that revise the text language of development
regulations found in the municipal code; and changes specific standards, procedures,
meanings, and other provisions.
20.81.030 Initiation.
An amendment to the text of a development regulation may be initiated by the City Council,
the Planning Commission, or City staff.
20.81.040 Review procedures.
The following shall apply to processing a text amendment to development regulations.
A. The amendment shall be reviewed by the Planning Commission, except as provided for
in MMC 20.81.050.
B. After considering the amendment, the Planning Commission shall vote and forward a
written recommendation to the City Council.
C. At least one public hearing shall be held prior to the City Council taking action on an
amendment. The public hearing may be held before the Planning Commission, the City
Council, or both.
D. City staff shall prepare a report on the amendment to be presented to the hearing body
considering the amendment.
E. Notice of hearing shall be provided pursuant to MMC 20.81.070.
F. The City Council may approve, approve with modifications, remand to the Planning
Commission for further proceedings, or deny the amendment.
20.81.050 Exception to review procedures.
A. The following are exempt from the procedures set forth in MMC 20.81.040:
1. Text amendments involving minor corrections that do not result in any substantive
changes to the content or meaning of a regulation (such as correcting punctuation or
numbering sequences); or
2. Adoption of State Building, Electrical and Energy Codes pursuant to title 19 RCW.
B. Review procedures for exemptions shall include City staff making a recommendation to
the City Council, which may approve, modify and approve, remand to City staff for
further analysis, or deny the amendment.
C. A public hearing is not required for text amendments involving minor corrections.
20.81.060 Public participation.
The public participation prescribed in MMC 20.83.110 shall be considered in processing text
amendments to development regulations.
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20.81.070 Notice.
A. Published notice of a public hearing shall be given in a newspaper of general circulation
within the City boundaries at least 15 calendar days prior to the hearing date. However,
subsequent hearing dates on the same proposal being considered by the same hearing
body do not require additional publication of notice.
B. Posted notice shall be given in the same manner as Planning Commission and City
Council regular meetings.
C. The content of the notice shall include:
1. The time and place of the public hearing;
2. A purpose statement which succinctly describes the proposal;
3. A statement of the right of any person to submit written comments and to appear at
the public hearing and give comments orally; and
4. A statement of the availability of the official file.
D. Notice of the text amendment shall be transmitted to state agencies consistent with
RCW 36.70A.106.
20.81.080 Approval criteria.
The City Council may amend the text of a development regulation only if it finds:
A The proposed amendment is consistent with the goals, policies and provisions of the
Medina Comprehensive Plan;
B The proposed amendment bears a substantial relation to public health, safety, or
welfare; and
C The proposed amendment advances the public interest of the community.
20.81.090 Comprehensive plan consistency.
If a comprehensive plan amendment is required to satisfy the approval criteria in MMC
20.81.080, approval of the comprehensive plan amendment is required prior to or
concurrently with the granting of an approval of a text amendment to a development
regulation.
20.81.100 Appeal.
City Council action on an ordinance to adopt a text amendment is a final decision, but may
be reviewable by filing a petition for review with the Central Growth Management Hearings
Board in accordance with RCW 36.70A.290, except as otherwise provided by law.
20.81.110 Amendments to the Shoreline Master Program.
This section applies to an amendment to chapter 18.08 MMC, Shoreline Management
Program.
A. Review procedures are prescribed in chapter 173-26 of the Washington Administrative
Code. A minimum of one public hearing shall be held prior to City Council action on a
proposed amendment.
B. A City Council decision approving an amendment to the shoreline master program shall
be transmitted to the Washington State Department of Ecology, which will approve,
recommend specific changes necessary to make the amendment consistent with
chapter 90.58 RCW and applicable guidelines, or deny the amendment.
C. Approval by the Washington State Department of Ecology is required before an
amendment to the Shoreline Master Program goes into effect.
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1 Section 3. A new chapter 20.82 of the Medina Municipal Code is recommended to
2 be added to read as follows:
3
4 Chapter 20.82
5 AREA -WIDE ZONING MAP AMENDMENTS
6
7 20.82.010 Purpose.
8 20.82.020 Applicability.
9 20.82.030 Initiation.
10 20.82.040 Review procedures.
11 20.82.050 Public participation.
12 20.82.060 Notice.
13 20.82.070 Approval criteria.
14 20.82.080 Comprehensive plan consistency.
15 20.82.090 Appeal.
18 20.82.010 Purpose.
19 This chapter establishes a mechanism for area -wide reclassification of land from one zoning
20 district to another zoning district.
21
23 20.82.020 Applicability.
24 A. This chapter applies to an amendment of the City's Official Zoning Map adopted
25 pursuant to MMC 17.04.010. This chapter does not apply to a site -specific
26 reclassification of land that is a quasi-judicial rezone subject to chapter 17.94 MMC.
27 B. The review procedures set forth in this chapter shall apply to an area -wide zoning map
28 amendment:
29 1. That is consistent with and implements the land use map of the comprehensive plan;
30 and
31 2. An amendment to the comprehensive plan is not required.
32 C. If an amendment to the comprehensive plan is required, the City has the option to:
33 1. Combine the area -wide zoning map amendment with the comprehensive plan
34 amendment under the procedures set forth in chapter 20.83 MMC; or
35 2. Process the area -wide zoning map amendment separately from the comprehensive
36 plan amendment, provided MMC 20.82.080 is fulfilled.
37
38 20.82.030 Initiation.
39
40 An area -wide zoning map amendment may be initiated by the City Council, Planning
42 Commission, or City staff.
44 20.82.040 Review procedures.
45 The following shall apply to processing an amendment to the Official Zoning Map.
46 A. The amendment shall be reviewed by the Planning Commission.
47 B. The City staff shall prepare a report on the amendment to be presented to the Planning
48 Commission.
49 C. The Planning Commission shall hold at least one public hearing on the amendment.
50 Notice of hearing shall be provided pursuant to MMC 20.82.060.
51 D. After consideration of the amendment, the Planning Commission shall vote and transmit
52 a copy of its recommendation to the City Council.
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E. The City Council at a public meeting shall consider the Planning Commission's
recommendation. The City Council may schedule public hearings as necessary to
support consideration of the Planning Commission's recommendation.
F. The City Council may approve, approve with modifications, remand to the Planning
Commission for further proceedings, or deny the amendment.
G. The procedures in this section shall constitute the minimum necessary and nothing in
this section shall prohibit the City from requiring additional procedures to allow for more
effective public participation.
20.82.050 Public participation.
The public participation prescribed in MMC 20.83.110 shall be considered in processing an
area -wide zoning map amendment.
20.82.060 Notice.
A. Published notice for a public hearing shall be given in a newspaper of general circulation
within the City boundaries at least 15 calendar days prior to the hearing date. However,
subsequent hearing dates on the same proposal being considered by the same body do
not require additional publication of notice.
B. Posted notice shall be given in the same manner as Planning Commission and City
Council regular meetings.
C. The content of a notice shall include:
1. The time and place of the public hearing;
2. A purpose statement which succinctly describes the proposal;
3. A statement of what areas, zones and/or locations will be directly affected or
changed by the proposal;
4. A statement of the right of any person to submit written comments and to appear at
the public hearing and give comments orally; and
5. A statement of the availability of the official file.
D. Notice of the area -wide zoning map amendment shall be transmitted to state agencies
consistent with RCW 36.70A.106.
20.82.070 Approval criteria.
The City Council may amend the Official Zoning Map if it finds:
A. The proposed amendment is consistent with the goals, policies and provisions of the
Medina Comprehensive Plan;
B. The proposed amendment bears a substantial relation to public health, safety, or
welfare; and
C. The proposed amendment advances the public interest of the community.
20.82.080 Comprehensive plan consistency.
If a comprehensive plan amendment is required to satisfy the approval criteria in MMC
20.81.070, approval of the comprehensive plan amendment is required prior to or
concurrently with the granting of an approval of an amendment to the Official Zoning Code
Map.
20.82.090 Appeal.
City Council action on an ordinance to adopt amendments to the official zoning map is a
final decision, but may be reviewable by filing a petition for review with the Central Growth
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1 Management Hearings Board in accordance with RCW 36.70A.290, except as otherwise
2 provided by law.
3
4 Section 4. A new chapter 20.83 of the Medina Municipal Code is recommended to
5 be added to read as follows:
6
7 Chapter 20.83
8 COMPREHENSIVE PLAN AMENDMENTS
9
10 20.83.010 Purpose.
11 20.83.020 Applicability.
12 20.83.030 Initiation.
13 20.83.040 Annual amendment process.
14 20.83.050 Outside the annual amendment process.
15 20.83.060 Amendment submittal.
16 20.83.070 Application.
17 20.83.080 Cumulative effects.
18 20.83.090 State Environmental Policy Act review.
19 20.83.100 Review procedures.
20 20.83.110 Public participation.
21 20.83.120 Notice.
22 20.83.130 Approval criteria.
24 20.83.140 Appeal.
25 20.83.010 Purpose.
26
27 This chapter establishes a mechanism for amending the Medina Comprehensive Plan. It
28 provides for simultaneous review of proposals to allow cumulative impact analysis of all
29 applications on a citywide basis and honors the community's long-term investment in the
30 comprehensive plan, through public participation.
31
32 33 20.83.020 Applicability.
34 This chapter applies to text amendments to the language of the comprehensive plan and/ or
35 to amendments of the comprehensive plan land use map.
36
37 20.83.030 Initiation.
38
39 An amendment to the text of the comprehensive plan or an amendment to the
40 comprehensive plan land use map may be initiated by any person or entity.
41
42 20.83.040 Annual amendment process.
43
44 The City Council shall consider amendments to the Medina Comprehensive Plan no more
45 than once each calendar year, except as provided in MMC 20.83.050.
46
4477 20.83.050 Outside the annual amendment process.
49 The City Council may consider amendments to the comprehensive plan outside of the
50 annual amendment process set forth in MMC 20.83.040 for the following:
51 A. The initial adoption of a subarea plan that clarifies, supplements, or implements
52 comprehensive plan policies and have had cumulative impacts addressed pursuant to
53 MMC 20.83.080;
54 B. The adoption or amendment of a shoreline master program under the procedures set
55 forth in chapter 90.58 RCW;
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1 C. The amendment of the capital facilities element of a comprehensive plan that occurs
2 concurrently with the adoption or amendment of the City's budget;
3 D. The adoption of comprehensive plan amendments necessary to enact a planned action
4 under RCW 43.21 C.031(2); and
5 E. Whenever an emergency exists or to resolve an order from the Central Puget Sound
6 Growth Management Hearings Board or court.
7
8 20.83.060 Amendment submittal.
9
10 A. Applications to amend the comprehensive plan shall be submitted to the City.
11 B. Applications shall be assigned to a docket consisting of all comprehensive plan
12 amendment applications received during the preceding 12 months from the date
13 prescribed in MMC 20.83.060(C). A current copy of the docket shall be maintained by
14 the City and shall be available for public inspection during regular business hours.
15 C. An application must be received by the City by the last business day in September to be
16 included in the upcoming annual amendment process. Applications received after this
17 deadline shall be placed on the next docket for the following annual amendment
18 process, except as provided in MMC 20.83.060(D).
19 D. The City manager or designee may, at his or her sole discretion, accept applications
20 filed after the deadline if review has not begun on the pending applications and
21 acceptance of the late application will not have a significant impact on the processing of
22 the pending applications.
23 E. Applications must be complete pursuant to MMC 20.83.070 for acceptance by the City.
24 Incomplete applications will not be accepted for filing.
25
26 20.83.070 Application.
27
28 This section shall not apply to comprehensive plan amendments initiated by the City
29 Council, Planning Commission, or City staff. All other applicants shall submit an application
30 on a form provided by the City and include the following information:
31 A. Name and address of the person or persons proposing the amendment;
32 B. A completed environmental checklist (SEPA);
33 C. A description and/or map of the proposed amendment;
34 D. A written statement explaining the following
35 1. The purpose for the proposed amendment;
36 2. How the amendment is consistent with the Washington State Growth Management
37 Act;
38 3. How the amendment is consistent with the adopted countywide planning policies;
39 and
40 4. How the amendment furthers the purpose of the City's comprehensive plan.
41 E. An application fee set forth in the fee schedule. Additionally, the applicant may be
42 responsible for costs pursuant to MMC 20.83.090(B).
43
44 20.83.080 Cumulative effects.
45
46 Except as otherwise provided in MMC 20.83.050, all proposed annual amendments to the
47 comprehensive plan shall be considered concurrently so the cumulative effect of the various
48 proposals can be ascertained. The analysis of the cumulative effects shall be conducted
49 under State Environmental Policy Act (SEPA) review prescribed in 20.83.080.
50
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1
20.83.090 State Environmental Policy Act review.
2
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A.
After each January 2nd, the City's Responsible Official shall review the cumulative
4
environmental effect of all proposed Comprehensive Plan amendments, pursuant to the
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State Environmental Policy Act (RCW 43.21 C).
6
B.
If the responsible official determines that a draft final or supplemental environmental
7
impact statement (EIS) or other appropriate environmental review is warranted,
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applicants may be responsible for a full or proportionate share of the costs to prepare
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the environmental analysis as determined by the Responsible Official.
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C.
Payment of a full or proportionate share of the costs to prepare the environmental
11
analysis does not guarantee the proposed comprehensive plan amendment will be
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approved.
13
14
20.83.100
Review procedures.
15
16
A.
The City staff shall prepare a report on the submitted amendments to be presented to
17
the Planning Commission. Amendments not initiated by the City shall be presented as
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submitted, unless the applicant agrees otherwise.
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B.
The Planning Commission shall hold at least one public hearing on the docket of
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amendments. Notice of hearing shall be provided pursuant to MMC 20.83.120.
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C.
After considering each amendment on the docket, the Planning Commission shall vote
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and forward to the City Council a written recommendation on each amendment. The
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Planning Commission may modify City initiated amendments, but may not modify
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amendments initiated by other entities unless the applicant agrees otherwise.
25
D.
Within 60 days of receipt of the Planning Commission's recommendations, the City
26
Council at a public meeting shall consider the same.
27
1. The City Council may schedule public hearings as necessary to consider the
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Planning Commission's recommendations.
29
2. If the City Council makes a substantial modification to the Planning Commission's
30
recommendation, and the modification was not previously considered by the
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Planning Commission, at least one public hearing shall be held on the modification
32
prior to the City Council taking action on the amendment.
33
E.
The City Council shall vote to approve, modify and approve, or deny each of the
34
Planning Commission's recommendations, or the City Council may remand an
35
amendment to the Planning Commission for further proceedings. If an amendment is
36
remanded, the City Council shall specify the time within which the Planning Commission
37
shall report back to the City Council its findings and recommendations on the matters
38
referred to it.
39
F.
An affirmative vote of not less than a majority of total members of the City Council shall
40
be required for adoption of an ordinance to approve amendments to the comprehensive
41
plan.
42
G.
The procedures in this section shall constitute the minimum necessary and nothing in
43
this section shall prohibit the City from requiring additional procedures that allow for
44
more effective public participation.
45
46
20.83.110
Public participation.
47
48
A.
Pursuant to RCW 36.70A.140, the City's efforts to amend the comprehensive plan shall
49
include early and continuous public participation.
50
B.
The City shall provide broad dissemination of proposals and alternatives, opportunity for
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written comments, public meetings after effective notice, provision for open discussion,
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communication programs, information services, and consideration of and response to
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public comments. Notice shall be reasonably calculated to provide notification to
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1 property owners and other affected and interested individuals, tribes, government
2 agencies, businesses, school districts, and organizations of proposed amendments to
3 the comprehensive plan.
4
5 20.83.120 Notice.
6
7 A. Published notice for a public hearing shall be given in a newspaper of general circulation
8 within the City boundaries at least 15 calendar days prior to the hearing date. However,
9 subsequent hearing dates on the same proposal being considered by the same body do
10 not require additional publication of notice.
11 B. Posted notice shall be given in the same manner as Planning Commission and City
12 Council regular meetings. For a site specific proposal, notice shall be provided as set
13 forth in MMC 20.80.120.
14 C. The content of a notice shall include:
15 1. The time and place of the public hearing;
16 2. A purpose statement which succinctly describes the proposal;
17 3. A statement of what areas, zones and/or locations will be directly affected or
18 changed by the proposal;
19 4. A statement of the right of any person to submit written comments and to appear at
20 the public hearing and give comments orally; and
21 5. A statement of the availability of the official file.
22 D. Notice of the text amendment shall be transmitted to state agencies consistent with
23 RCW 36.70A.106.
24 E. The requirements for notice shall not limit the City's ability to provide additional means of
25 notice consistent with MMC 20.83.110.
26
27 20.83.130 Approval criteria.
28
29 The City Council may amend the comprehensive plan if it finds:
30 A. The amendment is consistent with the Growth Management Act (chapter 36.70A RCW);
31 B. The amendment is consistent with countywide planning policies;
32 C. The amendment does not conflict with other goals, policies, and provisions of the
33 Medina Comprehensive Plan;
34 D. The amendment is compatible with existing or planned land uses and the surrounding
35 development pattern; and
36 E. The amendment will result in long-term benefit to the community as a whole and
37 advances the public interest of the community.
38
40 20.83.140 Appeal.
41 City Council action on an ordinance to adopt amendments to the Medina Comprehensive
42 Plan is a final decision, but may be reviewable by filing a petition for review with the Central
43 Growth Management Hearings Board in accordance with RCW 36.70A.290, except as
44 otherwise provided by law.
45
46 Section 5: Section 2.78.065 of the Medina Municipal Code is recommended to be
47 amended to read as follows:
48
49 Where unnecessary hardships and practical difficulties are created for the landowner in the
50 application of the provisions of the zoning ordinances, the Hearing Examiner shall have
51 power, in passing on applications therefore, to grant a variance in harmony with the general
52 purpose and intent of said zoning ordinances and such variances may vary any rules,
53 regulations or provisions of the zoning ordinances relating to the use of land and/or
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1 structures so that the spirit of the ordinances will be observed, public safety secured, and
2 substantial justice done.
3 A. The Hearing Examiner shall not vary any of the rules, regulations, or provisions of the
4 zoning ordinances unless it finds ((der ^— hea;+ng,)) that all of the following
5 conditions exist in each case of an application for variance:
6 1. Exceptional or extraordinary circumstances apply to the property itself, such as lot
7 size, shape or topography, which does not apply generally to all other properties in
8 the same zone or vicinity. Qualifying circumstances shall not be the result of the
9 actions of the applicant or of the wrongful actions of any previous owner that the
10 applicant was aware of or that the applicant should have been aware of with the
11 exercise of reasonable care.
12 2. The variance is necessary for the preservation of a property right of the applicant
13 substantially the same as is possessed by owners of other property in the same zone
14 or vicinity.
15 3. The granting of the variance will not be detrimental to the public welfare or injurious
16 to the property or improvements in the vicinity and zone in which the subject property
17 is located.
18 4. The granting of a variance will not constitute a grant of special privilege inconsistent
19 with the limitations on other properties in the same zoning district.
20 5. The variance is necessary to relieve a material hardship, which cannot be relieved by
21 any other means. The material hardship must relate to the land itself and not to
22 problems personal to the applicant.
23 6. The variance permitted is the minimum variance necessary.
24 7. The variance is compatible with and meets the spirit of the comprehensive plan.
25 B. A variance shall be processed as a Type 3 decision pursuant to chapter 20.80 MMC.
26 C. In determining whether to approve an application for a variance, evidence of variances
27 granted under similar circumstances shall not be considered.
28 ((G))D. In authorization of a variance, the Hearing Examiner may attach such conditions
29 regarding the location, character and other features of the proposed structure as he or
30 she may deem necessary to carry out the spirit and purpose of the Medina zoning code
31 and the public interest.
32
33 Section 6: Section 12.06.020 of the Medina Municipal Code is recommended to be
34 amended to read as follows:
35
36 12.06.020 ((€*eavafien)) Rig
37 ht-of-Way permit required.
38 It shall be unlawful for any person to dig up, cut into, mar, deface, alter, break, excavate,
39 tunnel, undermine or in any manner break up any street or to make or cause to be made
40 any excavation in or under the surface of any street any earth or other excavated material
41 obstructing or tending to interfere with the free use of the street, unless such person shall
42 first have obtained a right-of-way permit pursuant to chapter 20.80 MMC and the provisions
44 of this chapter. (( .))
45 Section 7: Section 12.06.030 of the Medina Municipal Code is recommended to be
46 amended to read as follows:
47
48 No ((e*savatioR)) right-of-way permit shall be issued unless a written application for the
49 issuance of (( )) a right-of-way permit is submitted to the city engineer or
50 designee. The written application shall state the name and address of the applicant, the
51 nature, location and purpose of the excavation, the date of commencement and date of
52 completion of the excavation, and other data as may reasonably be required by the city's
53 designee. The application shall be accompanied by plans showing the extent of the
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proposed excavation work, the dimensions and elevations of both the existing ground prior
to said excavation and of the proposed excavated surfaces, the location of the excavation
work, and such other information as may be prescribed by the city's designee.
Section 8: Section 12.06.040 of the Medina Municipal Code is recommended to be
amended to read as follows:
Fees charged for issuance of ((eXsava#+ee)) right-of-way permits are specified in the fee
schedule adopted pursuant to chapter 3.64 MMC. ((
))
Section 9: Section 12.06.060 of the Medina Municipal Code is recommended to be
amended to read as follows:
Before ((ae-exsavvatieO a right-of-way permit as herein provided is issued, the applicant
shall deposit with the city clerk a surety bond in such reasonable amount as set by the city's
designee payable to the city. The required surety bond must be:
A. With good and sufficient surety;
B. By a surety company authorized to transact business in the state;
C. Satisfactory to the city attorney in form and substance;
D. Conditioned upon the permittee's compliance with this chapter to fill up, restore and
place in good and safe condition as near as may be to its original condition, and to the
satisfaction of the city's designee, all openings and excavations made in streets, and to
maintain any street where excavation is made in as good condition for the period of 24
months after said work shall have been done, usual wear and tear excepted, as it was in
before said work shall have been done. Any settlement of the surface within said two-
year period shall be deemed conclusive evidence of defective backfilling by the
permittee. Nothing herein contained shall be construed to require the permittee to
maintain any repairs to pavement made by the city if such repairs should prove
defective. Any owner of real estate repairing or engaging another to repair his own
sidewalk shall not be required to give such bond. An annual bond may be given under
this provision which shall remain in force for one year conditioned as above, in the
amount specified above and in other respects as specified above but applicable as to all
excavation work in streets by the principle in such bond during the term of one year from
said date.
Section 10: Section 12.06.170 of the Medina Municipal Code is recommended to be
amended to read as follows:
Property lines and limits of easements shall be indicated on the plan of excavation
submitted with the application for the ((exeavatiee)) right-of-way permit and it shall be the
permittee's responsibility to confine excavation work within these limits.
Section 11: Section 12.06.220 of the Medina Municipal Code is recommended to be
amended to read as follows:
Backfilling in any street opened or excavated pursuant to ((an exGavati )) a right-of-way
permit issued hereunder shall be compacted to a degree equivalent to that of the
undisturbed ground in which the trench was dug (or compacted to 95 percent of modified
Proctor (ASTM D1557) whichever is greater). Compacting shall be done by mechanical
tappers or vibrators, by rolling in layers, or by water settling, as required by the soil in
question and sound engineering practices generally recognized in the construction industry.
When water is taken from a hydrant the permittee shall assign one person to operate the
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1 hydrant and shall make certain that said person has been instructed in the operation of the
2 hydrant. The city water purveyor shall likewise be notified at both the beginning and end of
3 the job so that the condition of the fire hydrants can be checked on both occasions. Any
4 damage done to the hydrant during the excavation shall be the responsibility of the
5 permittee. Water shall be paid for by the permittee on the terms agreed upon with the city
6 water purveyor.
7
8 Section 12: Section 12.08.010 of the Medina Municipal Code is recommended to be
9 amended to read as follows:
10
11 A. It is unlawful to dig or cut into or mar, deface or alter, any road or street right-of-way,
12 whether improved or unimproved, without first obtaining, and in compliance with the
13 terms of a right-of-way permit pursuant to chapter 20.80 MMC and the provisions of this
14 chapter ((
15 may 'e legated)).
16 1. No permit shall be issued unless the action proposed is reasonably necessary and is
17 consistent with the comprehensive plan and the street design standards referenced
18 therein.
19 2. All such permits shall require that adequate warning or protective structures, signs,
20 signals or devices will be maintained until the right-of-way is restored and that
21 restoration will be accomplished in a reasonable time specified therein to a condition
22 substantially equal to its prior condition, to the decided satisfaction of the city
23 manager.
24 3. In the event of failure to restore the right-of-way as set forth above, the city shall have
25 the right, but not the obligation, to restore the right-of-way to its prior condition and to
26 charge all costs thereof to the applicant. A lien for such costs may be placed against
27 any property of the applicant within the city and enforced as a mechanics lien
28 pursuant to the laws of the state.
29 B. Any permit issued under this section shall state the location of the proposed action, why
30 it is necessary, whether or not warning or protective structures, signs, signals or devices
31 shall be maintained, the time within which the road or street right-of-way must be
32 restored, and the deposit or bond, if any, required to protect the city in its restoration.
33 C. Fees charged for issuance of right-of-way permits are specified in the fee schedule
34 adopted pursuant to chapter 3.64 MMC and ((
35 outside the 6uFfaGed peFtieR of the Feadway, er $75 where there is any cutting of the
36 surfaced portion, (( )) a deposit
37 or bond may be required ((+e-addi )) in an amount sufficient to assure adequate and
38 timely restoration. Upon such restoration, any deposit shall be returned or bond
39 released; otherwise, the person authorized may withhold so much of the deposit as may
40 be necessary to assure such restoration or instruct the city attorney to bring action
41 against the permittee and/or his surety.
42 D. Violation of any of the provisions of this section is a misdemeanor, and shall be
43 punishable by a fine of not to exceed $300.00 or by imprisonment for not to exceed 90
444
5 days, or both.
46 Section 13: Section 12.28.030 of the Medina Municipal Code is recommended to be
47 amended to read as follows:
48
49 The tree preservation and replacement requirements of this chapter apply to removal of
50 trees on all newly developed and reconstructed property in the city and for removal of trees
51 20 inches DBH and greater on private property at any time.
52 A. A tree removal permit is required for removal of significant trees:
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1 1. On public property or within a city right-of-way area;
2 2. On land under new development or reconstruction or involving land alteration;
3 3. Greater than or equal to 20 inches DBH on private property at any time.
4 B. A tree removal permit is required for landscape improvements:
5 1. Along minor arterial and collector street rights -of -way as designated in MMC
6 10.08.010, which abut properties under development or reconstruction;
7 2. Along NE 8th Street, 82nd Avenue NE between NE 8th Street and NE 12th Street,
8 84th Avenue NE (south of NE 12th Street), and Evergreen Point Road (north of 78th
9 Place NE) street rights -of -way as designated in MMC 10.08.010, which abut
10 properties under development or reconstruction;
11 3. Associated with tree replacement requirements in this chapter;
12 4. Within 200 feet of the ordinary high water mark of Lake Washington;
13 5. Associated with clearing and grubbing.
14 (( . 'A. tree re-moval peFmitl WhWe FequiFed, will be issued by the Gity ef Medina haskeden
15
1� .))
18 Section 14. A new Section 12.28.035 of the Medina Municipal Code is
19 recommended to be added to read as follows:
20
21 12.28.035 Tree removal permit required — private property.
22
23 A. When the provisions in MMC 12.28.030 apply to private property, an administrative tree
24 removal permit is required, except as provided in MMC 12.28.055.
25 B. Administrative tree removal permits are a Type 1 decision processed pursuant to
26 chapter 20.80 MMC and the criteria and conditions established in this chapter.
27
28 Section 15: Section 12.28.055 of the Medina Municipal Code is recommended to be
29 amended to read as follows:
30
31 A. A non -administrative tree removal permit shall be required when removal of a significant
32 tree from private property involves a tree having a 50-inch or greater DBH and the tree
33 ((
34 MiAOFAIUM Of 50 iRGh 99H and)) is not located within the new building footprint on
35 properties undergoing development. ((Fnay enly be granted by the heaFiR9 ovo mirror
36
37 ,
38
39 .))
40 B. Non -administrative tree removal permits are a Type 3 decision processed pursuant to
41 chapter 20.80 MMC and the following:
42 1. Applications shall be submitted containing the information set forth in MMC
43 12.28.160; and
44 2. The decision on the permit shall be based on the criteria set forth in MMC
45 12.28.180(A) through (E).
46 C. Removal of a significant tree from private property where such tree is a minimum of 50-
47 inch DBH and is located within the new building footprint on properties undergoing
48 49 development is allowed pursuant to the replacement provisions of MMC 12.28.060(C).
50 Section 16: Section 12.28.140 of the Medina Municipal Code is recommended to be
51 amended to read as follows:
52
53
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12.28.140 Tree trimming or removal permit ((- Rom.)) - public right-of-way.
A. No tree located in a city right-of-way shall be trimmed, pruned or removed without first
obtaining a right-of-way tree trimming/ removal permit ((
)) as prescribed in MMC 12.28.170.
B. Repealed by Ord. 798.
C. Tree trimming and pruning of trees in the right-of-way by owners of the property adjoining
the right-of-way shall be exempted from obtaining a permit as outlined in MMC
17.28.140(A) (( )) if such tree trimming follows ANSI
standards, does not endanger the life of the tree, and the limbs involved do not exceed
three inches in diameter and 25 percent of the canopy of the tree.
D. Removal of trees shall be allowed in emergency situations involving immediate danger to
life or property or substantial fire hazards with the prior consent of the city manager or
designee.
E. No permit is required to remove a significant tree that is found to be hazardous by the
city arborist through an evaluation that follows the methodology referenced in the
definition of "hazardous tree" found in MMC 12.28.020.
F. The city is exempt from the above permit requirements for trimming, pruning or removal of
any tree in the city right-of-way.
Section 17: Section 12.28.170 of the Medina Municipal Code is recommended to be
amended to read as follows:
A. When an application to remove, prune or trim a tree in the public right-of-way is provided
by a property owner adjoining the subject right-of-way, the following shall apply:
1. The application shall be for an administrative right-of-way tree trimming/ removal
permit;
2. The application shall be processed as a Type 2 decision pursuant to chapter 20.80
MMC; and
3. The decision on the permit shall be based on the criteria set forth in MMC 12.28.180.
((
))
B. When an application to remove, prune or trim a tree in the public right-of-way is provided
by a property owner who is not adjoining the subject right-of-way, the following shall
apply
1. The application shall be for a non -administrative right-of-way tree trimming/ removal
permit;
2. The application shall be processed as a Type 3 decision pursuant to chapter 20.80
MMC; and
3. The decision on the permit shall be based on the criteria set forth in MMC 12.28.180.
((
Rot acIJeiR!Rg the SUNeGt Fight of way shall FeqUiFe GGRsideFatigR by the heaFOR-
at env regular moo+inn of the hearian examiner.)).
Section 18: Section 12.28.180 of the Medina Municipal Code is recommended to be
amended to read as follows:
An application for a permit subject to the provisions of this section shall not be approved
unless the following requirements are met ((No appliGation filed under this GhapteF shall be
)):
A. The application is compatible with the intent of the comprehensive plan;
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B. The application is consistent with the public interest in maintaining an attractive and safe
environment;
C. The application has no materially detrimental effects on nearby properties;
D. All significant trees shall be retained in rights -of -way unless removal is necessary for
access or for safety reasons, including trees in danger of failing or losing limbs and trees
which need to be removed to provide adequate lines of vision for persons in vehicles.
This criterion does not apply to trees that do not meet the definition of "significant tree"
found in MMC 12.28.020;
E. Replacement tree mitigation for significant tree removal shall be in accordance with the
requirements of this chapter;
F. All trimming must be performed in a manner approved by the City ((the heaF!Rg ^�^^��^^�
)) and shall conform to the following requirements:
1. Any trimming must not exceed 25 percent of the canopy of the tree in the area
unless necessary to provide adequate relief;
2. The relief requested must not unreasonably interfere with the adjoining property
owners' rights to the use and enjoyment of the right-of-way including but not limited
to said owners' interest in landscaping, aesthetics, erosion control, noise control,
shade and development of the unimproved portion of the right-of-way in a manner
consistent with the development of the adjoining and surrounding properties;
3. The proposed trimming must not cause any unnecessary mutilation or damage to the
trees and should be in accordance with ANSI Standard A300;
((
))
Section 19: Section 12.28.190 of the Medina Municipal Code is recommended to be
amended to read as follows:
12.28.190 Supplemental notice requirements ((NetiGe ef appliGatieR pe)).
This section supplements the requirements set forth in MMC 20.80.140() for posting
notices for right-of-way tree trimming/ removal permits.
A. Notice shall be posted on or near the subject tree or trees in a manner that clearly
identifies all trees being considered under the application.
B. The City may require additional notices to be posted when in the opinion of the City
manager or designee it is determined necessary to provide reasonable notification to the
public of the pending application.
((The tree E)F trees iR qU96ti9R must be pe6ted with a RGtiGe of appliGatiGR fGF a peFied of at
.))
Section 20: Section 12.28.230 of the Medina Municipal Code is recommended to be
amended to read as follows:
A. All tree trimming, pruning and/or removal in city rights -of -way to be accomplished by a
public or private utility for any purpose shall not be performed without first obtaining a
non -administrative right-of-way tree trimming/ removal permit pursuant to the process in
chapter 20.80 MMC ((
)).
B. Prior to a hearing before the hearing examiner, the permit applicant shall submit a
comprehensive work plan to the city manager or the city manager's designee for review
and concurrence.
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C. A permit applicant's work plan shall adhere to the provisions found in other applicable
sections of Chapter 12.28 MMC as well as any special provisions as defined by the city
manager or the city manager's designee and consistent with the purpose statements in
MMC 12.28.010.
Section 21: Section 12.28.260 of the Medina Municipal Code is recommended to be
repealed:
Section 22: Chapter 14.04 of the Medina Municipal Code is recommended to be
repealed:
,
A. WithiR 29 days a#eF . . - . FOjeGt PeFFRit appliGatiOR, the Gob' shall maw! OF PFGV*
GGFnplete.
,
ap ati9R.
have beeR GeMplied with, eYeR though additional iRfeffnatiOR Fnay be FequiFed eF pFejeGt
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6 F Within 14 days a#er aR appliGaRt has submitted Addit*ORal after a
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8 deteFMORatioR Of GOFnpleteRess.
9 G. An appkatieR shall be deeFned ownplete upon failure of the eity to issue a WFitt
10
11 se49R.
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13 14.04.040 Tome fGF deGosmon.
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18 the Ga'GU!atuE)R ef the number of days that have elapsed aft RGtwGe E)f a GGMP!ete
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38 E. This 68e4iGR shall apply to pFejeGt peFFnit appliGatieRs filed OR GF a#er ApFil i, 1996.)
39 30 14.04.050—Designation„-Of Fees^ .
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45 14.04.060 Review GensolmdafieR.
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47 At the eptieR ef the appliGaRt,
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r�Q.—I.— r�s14 - .
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1 3. A McMbe,r--k-,e,pt &FiRg the F968RtafiOR ef evidenno in a hearing FRay nn4
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5 peFtains, with eF without netiGe te the paFties.
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7 shall state the tiFne, R;anner And- r__irr__umstanG96 of any view of -the are -A t-A- %L_h" th�
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9 v The siding Offi eF 6hall deSnrihe all WF*tten matedalc relat
!Rg to the appliGatiOR
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• appealed by filiRg a Iand use petitffieR iR KiRg GGWRty supwieFGewt. - -
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11 fellewiRg
the gFaRt of a
FeqUeSt fGF FeGgRsidwatieR.
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by IeGal,
aRetheF
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by the sib
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A the
knitS the
WhiGh shall be Rot less thaR
statemeRt of
Of PUbIiG GGFnM8Rt peFied,
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The date,
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1
2 ;
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5
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7 , the REAGe Of appliGatieR shall be
8
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14 site.
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16 FnaintaffiRed by the oity.
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40 1). GE)RGUItatieR with Other AgeRGieS -Deferr-al. IA its der--isip-In whether a E;PeG"f"G adverse
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42 with jwrisdiGtiGR and with eWiroRmeRtal expertise with regard to a 6p9GifffiG e i rnenQ,
43
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47 F=. ReI*aRGe OR OtheF Laws. NethiRg OR this SeGthGR limits the ability Of the Gity iR its Feview
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49 FeqUiFeFn8RtG URd9F OtheF laws.
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1 14.04.150 ReGommeRdatieRs fGF amendments.
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6 the plaRRi r9p fer ep At least aR aRnual basms.
7
8 14 04 1GO NxGlusllons.
9
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11 A. StFeet vaGatiGRG;
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13 Q Landmark desigRatienrl-,
14
15
16 .))
17
18 Section 23: Section 14.08.030 of the Medina Municipal Code is recommended to be
19 amended to read as follows:
20
21 14.08.030 (( )) Review Procedures.
22
23 Administrative review of applications under this chapter shall be processed as Type 2
24 decisions pursuant to chapter 20.80 MMC.
25
26 ((A.
27
28
29 appliGatiOR may be exaMiRed, and FeqUiFemeRtG fGF GOmmeRtS OR the appliGatiGR.
30 B. NEAGe shall be mailed to the owners of all PFOpeFties within 300 feet of the subj
31
32
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34
35 Jeeatisps
36
38 ))
39 Section 24: Section 14.08.040 of the Medina Municipal Code is recommended to be
440 repealed:
43 ((
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52 id.))
53 Section 25: Section 14.08.050 of the Medina Municipal Code is recommended to be
54 repealed:
PC Recommendation Procedures 37 of 48
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3 (( .
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6 by any peFseR adveFsely a#eGted by the deGiGi0R. Appeals must be filed with the Gity GI
7
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9
1� ))
12 Section 26: Section 14.08.060 of the Medina Municipal Code is recommended to be
14 repealed:
16 ((
17
18
19
20 .))
21
22 Section 27: Section 15.20.010 of the Medina Municipal Code is recommended to be
23 amended to read as follows:
24
25 A. The requirements of this chapter shall apply to all construction projects requiring a
26 building permit issued by the city. Unless waived by the city manager or city manager's
27 designee, a construction mitigation plan application shall be submitted with all
28 applications for building permit. Projects constructed in multiple phases shall be
29 considered as a single project for determining the type of the construction mitigation
30 plan, for identifying construction impacts, and for evaluating proposed mitigation
31 measures.
32 B. All construction projects shall comply with the requirements of the Medina construction
33 code of conduct or a tailored construction mitigation plan.
34 C. A tailored construction mitigation plan shall be required if a proposed project meets one
35 or more of the conditions outlined in subsection (C)(1) or (C)(2) of this section.
36 1. ((ndministFatiye)) Level 1.
37 a. Total floor area of all structures or portions of structures which are the subject of
38 the permitted construction exceeds 25 percent of lot area and 3,000 square feet;
39 b. Total project cost is estimated to exceed $750,000;
40 c. On -site parking for at least three vehicles associated with the construction activity
41 is not available;
42 d. Power, water, or sewer service to any other property within Medina will be
43 interrupted on more than one occasion during construction;
44 e. Construction is proposed within the building setback(s) on a building structure
45 that is located in a setback area;
46 f. Use of private lane or shared driveway is proposed for parking, staging of
47 construction -related vehicles, loading or off-loading of equipment, or loading or
48 off-loading of materials;
49 g. Project is located within 600 feet of the Medina Elementary School, the Bellevue
50 Christian School, or the Saint Thomas School.
51 2. ((Publ+s-Rearm)) Level 2.
PC Recommendation Procedures 38 of 48
Final CA-3
1 a. Total construction costs exceed $1,500,000. This cost figure shall be updated
2 annually by applying the consumer price index for each year after the date of the
3 ordinance codified in this chapter.
4 b. Total quantity of excavated soils exceeds 2,000 cubic yards.
5 c. Construction activities (except as exempt per MMC 18.12.110) occur in landslide
6 hazard area.
7 d. Use of tower crane during construction.
8
9 Section 28: Section 15.20.050 of the Medina Municipal Code is recommended to be
10 amended to read as follows:
11
12 A. Construction Code of Conduct. Prior to the issuance of any permits for grading,
13 demolition or construction, the property owner(s), agent, and contractor shall sign the
14 city of Medina construction code of conduct and the signed construction code of conduct
15 shall be submitted as an attachment to the building or development permit application.
16 B. Tailored Construction Mitigation Plan.
17 1. Level 1 Tailored Construction Mitigation Plans shall be processed as a Type 2
18 decision pursuant to chapter 12.80 MMC ((
19
20
21 )). The proposed mitigation plan
22 shall be signed by the property owner(s), agent, and contractor and submitted by the
23 applicant, as an attachment to the building permit application.((,
24
25 ,
26
27 FequiFed to appFOye any mitigation plan that does ROt PFGVude Feasonable mitigation
28
29 R8ighbgFiAg pFepeFlies and UPGR the Gity as a wh))
30 2. Level 2 Tailored Construction Mitigation Plans shall be processed as a Type 3
31 decision pursuant to chapter 12.80 MMC ((
32
33
34
35
36
37
38
39
40 )) The final tailored
41 construction mitigation plan shall include signatures of the property owner(s), agent,
42 and consultant, and may include provisions for any of the items described in MMC
43 15.20.030. ((
44
45
46 and upeR the Gity as a whole.))
47 3. A tailored construction mitigation plan shall not be approved unless the adverse
48 consequences of proposed construction on adiacent and nearby properties have
49 been reasonably mitigated for based on the evaluation criteria and mitigation
50 measures set forth in this chapter.
51 4. A tailored construction mitigation plan must be approved before permits for gradinq,
52 demolition or construction may be issued.
PC Recommendation Procedures 39 of 48
Final
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CA-3
Section 29: Section 15.20.060 of the Medina Municipal Code is recommended to be
amended to read as follows:
((T#e)) An approved construction mitigation plan may be revised from time to time to modify,
eliminate or add mitigation measures. Modifications may be made by agreement between
the applicant and the city manager or city manager's designee, provided:
A. ((
ZRiAl Of the PF9pGE;ed )) Revisions to an approved construction
mitigation plan shall be processed as a Type 2 decision as set forth in chapter 20.80
MMC;
B. ((
)) The public comment shall be 15 days; and
C. ((
F8ViGiGR(E;).)) If during the comment period, the City receives a written objection to the
revisions, the revisions shall be submitted to the Medina planning commission for
consideration as a Type 3 decision subject to the hearing, decision and appeal
provisions set forth in chapter 20.80 MMC.
Section 30: Section 15.20.070 of the Medina Municipal Code is recommended to be
repealed:
((1Appeal-.
01
2101110
,.
Section 31: Section 17.56.020 of the Medina Municipal Code is recommended to be
amended to read as follows:
A. All applications for conditional or special use permits shall be processed as a Type 3
decision pursuant to chapter 20.80 MMC (( )) unless
the application is eligible for administrative review per MMC 14.08.020(B). All
applications shall be made using the city's form and include the following information:
1. Street address and legal description of the property upon which the proposed facility
is to be located;
2. Location of proposed facility on said property and upon all adjacent property;
PC Recommendation Procedures 40 of 48
Final CA-3
1 Medina Municipal Code 17.56.052
2 3. A sketch of the proposed facility showing plans, elevations, lighting, screening,
3 access parking, fencing, landscaping and all other relevant information.
4 B. Applicants shall provide all additional pertinent information requested by the Hearing
5 Examiner or by the city manager or designee in the case of administrative review.
7 Section 32: Section 17.56.030 of the Medina Municipal Code is recommended to be
89 repealed:
1 0 ((
12
13
15 ))
16 Section 33: Section 17.56.040 of the Medina Municipal Code is recommended to be
177 repealed:
18
20 ((
21
22 WGe PeFFRit shall be GORGidered the Gity shall pest two netiGes of the app"GatieR within
23
24
25
26
27 he 28 ))
29 Section 34: Section 17.56A.020 of the Medina Municipal Code is recommended to
30 be amended to read as follows:
31
32 A. A historical use permit shall be processed as a Type 3 decision pursuant to chapter
33 20.80 MMC. ((
34 :))
35 ((A))B. The contents of the application shall include the information prescribed in MMC
36 17.56.020 and the following:
37 1. The street address and legal description of the property;
38 2. A description of any proposed alteration, improvement, enlargement, expansion,
39 reconstruction or repair; and
40 3. A description of the historical use of the property.
41 ((B))C. The decisional criteria ((as FeqUiFed by this GhapteF shall be utilized by the heaFhR9
42 examine )) in MMC 17.56A.030 shall apply.
43
44 Section 35: Section 17.5613.040 of the Medina Municipal Code is recommended to
45 be amended to read as follows:
46
47 A. A temporary use permit is ((deGided by the Gity MaRageF 9F de6i processed as a
48 Type 1 decision pursuant to chapter 20.80 MMC and is subject to meeting the approval
49 criteria in MMC 17.56B.060.
50 B. Only one temporary use permit may be granted within a 5-year time period after a
51 temporary use permit has been issued, except a second temporary use permit may be
52 granted if:
53 1. In the opinion of the City manager or designee, a significantly different public
54 facility will occupy the use of the property;
PC Recommendation Procedures 41 of 48
Final CA-3
1 2. The second temporary use permit is consistent with the requirements set forth in
2 this chapter; and
3 No additional temporary use permit shall be approved within a 5-year time period
4 after the issuance of the second temporary use permit.
5
6 Section 36: Section 17.80.120 of the Medina Municipal Code is recommended to be
78 repealed:
10
11
12
113
4 desis+eA appealed.))
15 Section 37: Chapter 17.94 of the Medina Municipal Code is recommended to be
16 repealed:
17
19 « 94.018-Ssepe.
20 ThiG GhapteF establishes the PFGGed6iFe and GFiteria that the Gity Will making a deGMEAG14
21
22
23 agFeeMeRt 8XeGuted as paFt of the FeGla66ifiGatiGn-.
24
25 .
26
27 A. Whe May Apply. Any persen may,
28 .
29 B. Mew te Apply. The appliGaRt shall file the fGl'GWiRg 1RfGFFRati9R With the Gityl
30
31 propeFty, 9R fbFmr, pmvided by the GitS4,
32 , and a list of the same, labeled with the narne and
33
34
35 prepe4y;
36
37 ' ;
38 ;
39
40
41 G. Fee. Woth the appliGation the appliGant shall submit the fee establiGhed by the Gity.
42
43 .
44
45 .
46
47 The State F=RyffiFenmeRtal 129liGy AGt applie6 to the deGiGiGA6 that will be made using this
48 , wh
49
50 .
51
52 .
53
PC Recommendation Procedures 42 of 48
Final
CA-3
1
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5 2. The StFeet addFess of the SUbjeGt pFopeFty OF, if this i6 Rot available, a IeGatiORal
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PC Recommendation Procedures 43 of 48
Final CA-3
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2 pFi9F to diGtFibufieR of the staff FepeFt.
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4 .
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9 de Re e shall die tFibute the, staff Fepe
Ft as fe ile ws.
10 4. A Gepy Will be isent te the planRing
diFeGtGF.
11
.
12 3. A GOPY wall be seRt to eaGh
whe has it.
peFseR
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speGifffiGally Fequested
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16 eash appliGa iep-.
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18 1e the pub4+G.
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49 RGtiGe of that heaFiRg Reed be giVeR.
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,
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PC Recommendation Procedures 44 of 48
Final
CA-3
1 ,
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3 #eariRg.
4 .
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7 b. The pFeposed FeZO Hate
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PC Recommendation Procedures 45 of 48
Final
CA-3
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;
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.
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it shall
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21 PFepeFties.
22
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30 Fes=
31 1.
,
32 rnc+ri n+in nc +4»+ orn im nn6ed;
and
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36 17 04 120 A1..finp of final cipc2goan
37
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42
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44 .
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48 17.94.130 Appeal.
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PC Recommendation Procedures 46 of 48
Final CA-3
1
3 the-eity.
4 .
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6
7 With all aSpeGtS, iRGlUdiR9 GGRditiGRs and restFiGti9RG,
8 .
9
10
11 thMUgh this GhapteF fGF a swb6eqweRt GhaRge OR a use GF Site plaR WRIeGG.
12
13 ;
14
15 .))
16
17 Section 38: A new chapter 17.94 of the Medina Municipal Code is recommended to
19 be adopted to read as follows:
20 17.94.010 Purpose.
21 17.94.020 Application.
22 17.94.030 Procedures.
23 17.94.040 Approval criteria.
24 17.94.050 Conditions and restrictions.
25 17.94.060 Content of planning commission's recommendation.
26 17.94.070 Consistency with the comprehensive plan.
27
28 29 17.94.010 Purpose.
30 This chapter establishes a mechanism for site -specific reclassification of property or
31 properties from one zoning district to another zoning district. The new zone must be
32 consistent with the comprehensive plan and results in a change to the City's official zoning
33 map.
35 17.94.020 Application.
36
37 An owner of real property or their designated agents may initiate a request for a site -specific
38 rezone.
39
440 17.94.030 Procedures.
42 A. A site -specific rezone application is processed as a Type 3 decision pursuant to the
43 provisions set forth in chapter 20.80 MMC. The planning commission shall hold an
44 open -record public hearing and make a recommendation to the City Council. The City
45 Council decides the rezone request at a closed record meeting.
46 B. The Planning Commission shall issue its recommendation within 45 calendar days of the
47 closing of the open record hearing.
48 C. The City Council shall consider the Planning Commission's recommendation no later
49 then their next regularly scheduled meeting after the Planning Commission issues their
50 recommendation.
51 D. The 120-day processing timeline set forth in MMC 20.80.210 may be extended as
52 reasonably necessary to allow the City Council to deliberate on the Planning
53 Commission's recommendation at a regularly scheduled meeting.
PC Recommendation Procedures 47 of 48
Final
2 17.94.040 Approval criteria.
3 An application for a site -specific rezone may only be approved if it is found that:
4 A. The rezone is in the best interest of residents of the city; and
5 B. The rezone will advance the public health, safety, or welfare, and will not have adverse
6 impacts on adjacent properties; and
7 C. The rezone is consistent with the comprehensive plan; and
8 D. The rezone is appropriate because:
9 a. Conditions in the immediate vicinity or neighborhood have so markedly changed that
10 it is in the public interest to approve the rezone; or
11 b. It will correct a zone classification or zone boundary that was inappropriate when
12 established.
13
14 17.94.050 Conditions and restrictions.
15
16 Conditions and restrictions may be applied to the rezone that is determined to be reasonably
177 necessary to eliminate or minimize any undesirable effects of granting the rezone.
19 17.94.060 Content of planning commission's recommendation.
21 The Planning Commission's recommendation to the City Council shall be made in writing.
22 The written recommendation shall include the following content:
23 A. A statement of the facts presented that supports the recommendation;
24 B. A statement of the conclusions reached based on those facts;
25 C. Any conditions or restrictions that are recommended to be placed upon the rezone; and
26 D. The date of issuance of the recommendation.
27
28 17.94.070 Consistency with the comprehensive plan.
30 If a Comprehensive Plan amendment is required in order to satisfy MMC 17.94.040(C),
31 approval of the comprehensive plan amendment is required prior to or concurrently with the
33 granting of an approval on the rezone.
34 APPROVED BY THE PLANNING COMMISSION ON THIS; .t DAY OF , 2010.
35
36
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38 Planning p, ission air
39
40
41 Attest:
42
43
44 Robert J. Grumfiach
45 Development Services Director
Planning Commission Recommendation Procedures 48 of 48
ITEM CA-3
.�% CITY OF MEDINA
Development Services
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.medina wa.-q
STAFF REPORT
Procedures
Summary: Proposed code amendments relating to administrative review procedures for
project permits, tent amendments to development regulations, area -wide zoning map
amendments, and comprehensive plan amendments.
Part 1 - Introduction:
1. REGULATORY REVIEW CRITERIA:
a. GROWTH MANAGEMENT ACT (RCW 36.70A):
The state legislature found that it is in the public interest that citizens,
communities, local governments, and the private sector cooperate and
coordinate with one another in comprehensive land use planning. The Act
sets forth thirteen planning goals. The City of Medina has adopted a
comprehensive plan that implements the goals of the Growth Management
Act.
One of the planning goals of GMA is for permits applications for both state
and local government permits to be processed in a timely and fair manner to
ensure predictability.
• GMA also establishes the following related to project review:
o Project review shall be conducted pursuant to the provisions in chapter
36.7013 RCW. Project review shall be used to make individual project
decisions, not land use planning decisions.
o Deficiencies shall be docketed for possible future plan or development
regulation amendments and the City is required to include procedures for
any interested person, including applicants, citizens, hearing examiners,
and staff of other agencies, to suggest plan or development regulation
amendments.
b. Regulatory Reform Act (RCW 36.70B):
The state legislature found that the number of environmental and development
regulations has increased for land uses and development, which has generated
potential conflict, overlap, and duplication between various permit and review
processes. This regulatory burden has significantly added to the cost and time
Staff report — Code Amendment Procedure
ITEM CA-3
needed to obtain local and state land use permits and has made it difficult for the
public to know how and when t provide timely comments on proposals that
require multiple permits and have separate environmental review processes.
The Act establishes minimum permit review requirements while allowing
jurisdictions flexibility to adopt permit review procedures consistent with local
conditions.
c. REVISED CODE OF WASHINGTON:
• RCW 35A.63.100 provides the City Council the authority to adopt and amend
zoning code regulations provided at least one public hearing is held and
notice is provided at least 10 days before the hearing. The public hearing
may be held before the Planning Commission or the City Council.
d. CITY OF MEDINA REGULATIONS:
• MMC 14.04.150 allows any interested person to suggest amendments to the
City 's comprehensive plan or development regulations. All such suggestions
are required to be forwarded to the Planning Commission on at least an
annual basis.
Part 2 — Public Participation:
1. NOTICES:
• Notice for the Planning Commission public hearing was published in the Seattle
Times newspaper on May 12, 2010, and posted at City hall on May 10, 2010.
Additionally, hearing notice was sent on May 10, 2010, to recipients of the City's
govdeliver.com who requested public legal notices.
• Notice of the planning commission agendas are posted at City hall and
published on the City 's website. The Planning Commission held meetings on
the subject at their regularly scheduled meetings on September 22, October 27
and November 17, 2009; and January 26, February 23, March 23 and April 27,
2010.
2. PUBLIC COMMENTS RECEIVED (as of May 18, 2010):
Who Summary of Comments
None received
Part 3 — Staff Analysis:
1. In simple terms, review procedures are about gathering and evaluating information
in order to render a decision. Key components are:
Staff report — Code Amendment Procedure 2
ITEM CA-3
• Procedures: Procedures are the steps for conducting the review process.
Permitting procedures consist of formal (code based) and informal (policies,
forms, checklists, etc) procedures. The code creates an overall framework under
which review occurs and establishes the procedural protections that will be
afforded interested parties.
• Legal Notices: Legal notice is the required notice to interested parties about an
action. Project permits tend to have a narrow scope of interested parties
because fewer people are impacted by the decision.
• Evaluation Criteria: Evaluation criteria are the standards upon which an
application or proposal is judged.
• Decision: A decision is the outcome of the process, also sometimes referred to
as a government action.
2. Types of decision can be categorized as administrative, quasi-judicial and
legislative. Common definitions of these categories:
• Administrative: These involve staff decisions on project -related applications and
code interpretations. Administrative decisions are made by designated staff and
are based on clearly established standards and clearly identified approval
criteria. Chapter 20.80 contains procedures for administrative decisions, which
are identified as Type 1 and Type 2 Decisions.
• Quasi -Judicial: These involve decisions that are of a judicial nature generally
made by a neutral third -party, such as a hearing examiner or board of
adjustment. The term is applied to decision -making processes involving a
significant amount of discretion through the ascertaining of facts, weighing of
evidence and drawing of conclusions. The primary distinguishing characteristics
of quasi-judicial decisions are that they involve a hearing and apply to a specific
site. Chapter 20.80 contains procedures for quasi-judicial decisions, which are
identified as Type 3 Decisions.
Legislative: These involve decisions that are of a community -wide interest and do
not apply to a site -specific proposal. They are made by the City Council under its
authority to establish policies and regulations regarding future private and public
development, and management of public lands. Chapter 20.81, 20.82, and 20.83
contain procedures for legislative decisions.
3. Appeals are protective measures for reviewing the appropriateness of a government
decision. The City has the option to allow for administrative appeals and if allowed,
what decisions will have an administrative appeal. Where there is no administrative
appeal, a judicial appeal is available pursuant to RCW 36.70C (Land Use Petition
Act (LUPA)). Chapter 20.80 contains administrative appeal procedures for decisions
made by staff. Appeals of hearing examiner or City Council decisions are to court or
for comprehensive plan and development regulation decisions, a party can appeal to
the Growth Management Hearings Board.
Staff report — Code Amendment Procedure 3
ITEM CA-3
4. The following is a general outline showing a summary of the project permit review
process:
Intake Meeting/
Pre -application
Application
Received
Preliminary
Review
Determination of
Complete
Application Type 2 Decision
Type 1 I Decision
Notice of
Application
Type 3 Decision
Review
Notice of
Hearing
Decision
5. Summary of changes related to review procedures involving project permits:
New Code
Existing Code `
Notes:
Purpose (20.80.010)
None
Purpose statements were added to help
give context to the regulations
Applicability (20.80.020)
14.04.070
The existing code section includes appeal
provisions that are consolidated elsewhere
in the chapter
General Provisions
14.04.160
Adds code language for standard of review,
(20.80.030)
for vesting and for conflict with other code
provisions.
(Chapter 20.81)
14.04.020
This section is related to code amendments,
which are not project permits. This will be
moved to a new chapter for legislative
actions.
Definitions (20.80.040)
14.04.010
Existing definitions were incomplete. New
definitions are added to provide greater
detail.
Staff report — Code Amendment Procedure 4
ITEM CA-3
New Code
Existing Code
Notes:
Designation of Decision
14.08.020
This new section categorizes decisions and
Types (20.80.050)
provides descriptions for better clarity in
identif in review procedures.
None
14.04.050
This section designates a single person and
is redundant.
Project Permit
14.08
This is a new section that consolidates and
Procedures (20.80.060)
14.12.040
reformates the review procedures for better
15.20.050
clarity.
16.08.040 -.080
16.08.140
17.52.050
17.56A.020
Pre meetings
14.12.040(A)
References to pre meetings are found in the
20.80.070
17.44.020 D
fee chapter and for site plan review
Submission
14.04.020
The new section provides flexibility in
requirements
16.08.130
determining submission requirements by
20.80.080
17.56.020
allowing staff to develop checklists.
Optional consolidated
14.04.090
Edited for clarity plus for combined
review (20.80.090)
application, the highest decision authority
specified by the code or by the director will
decided combined permits. A significant
change is that the council would not
necessarily hear and decide consolidated
reviews.
Determination of
14.04.030
Edited for clarity.
Completeness
14.08.030(A)
20.80.100
Notice of Application
14.04.130
Edited for clarity and the notice provisions
(20.80.110)
14.08.030(B)
were moved to a separate section (.140).
17.56.040
Also, provisions were consolidated.
Notice of Hearing
14.04.100
Existing code contains general hearing
(20.80.120)
15.20.050(B)(2)
procedures and is outdated and incomplete.
16.08.070
In the case of rezones that are not site-
17.56.040
specific, these regulations will be moved to
17.94.060-.090
a new chapter for legislative actions.
Joint Hearings
14.04.120
Minor editing for clarity.
20.80.130
General Notice
14.04.130(D)
The new section consolidates and clarifies
Requirements
17.94.040
notice requirements.
(20.80.140)
Combining Notices
None
The new section is informational
20.80.150
Public & Agency
14.08.030(C)
This provides greater predictability about
Comments 20.80.160
when comments should be submitted.
Consistency (20.80.170)
None
The requirement for consistency is found in
state law (RCW 36.70B). It is referenced in
14.08.130(B)(7), but not explained,
Reports (20.80.180)
14.04.100(B)
Edited for clarity and added a requirement
17.94.050
for the report to be available at least 7 days
prior to a hearin
Staff report — Code Amendment Procedure
ITEM CA-3
New Code
Existing Code
Notes:
Decisions (20.80.190)
14.08.040
New section supports the consolidated
approach to regulations
Notice of Decision
14.04.100(C)(11)
Revised to fit consolidated approach and
(20.80.200)
14.08.040
edited for clarity.
17.94.120
Processing Timelines
14.04.040
Edited for clarity plus added excluding up to
(20.80.210)
30 days if a code interpretation is required
Appeals (20.80.220)
14.04.110
The new section consolidates and outlines
14.04.070
in greater detailed appeal procedures. One
14.08.050
proposed significant change would be to
14.12.060
narrow down who has standing to appeal
15.04.120
and when a decision can be appealed. The
15.08.090
reason is to provide greater predictability for
15.20.070
the applicant. The other change would be
17.94.130
that all administrative appeals are heard by
the hearing examiner. The Planning
Commission currently hears appeals of
Level 1 Construction Mitigation Plans.
Appeal Procedures
14.04.110
See comments above under (.220)
20.80.230
Development Agreement
None
Note: this is a tool allowed by state law - it
(20.80.240)
replaced what use to be known as contract
rezones
(Chapter 20.83)
14.04.150
Comp plan amendments are not project
permits and will be moved to a separate
chapter for legislative actions.
6. One of the significant subjects discussed included the definition of parties of record.
Parties of record are those people who have been identified by the record as having
a substantial interest in the outcome of a review process. The purpose for defining
parties of record is to provide predictability to the process. Identifying those who can
be a party of record and who have standing narrows down the list to those people
who have more than a passing interest in the outcome of a decision and who might
potentially be aggrieved by a decision.
a. A person who is aggrieved by a decision has a right to appeal the decision. This
is a fundamental principal of due process.
b. The purpose for seeking public comments on a project permit is to identify
personal rights and pecuniary interests that may be affected that were not
captured otherwise. Public comments on project permits are not intended to
measure the community's view about the project. The courts have established
that community views can be given substantial weight, but cannot be a
controlling factor in rendering decisions on project permits. In other words, a
project's popularity or lack of popularity cannot be the basis upon which a project
permit decision is made.
Staff report - Code Amendment Procedure 6
ITEM CA-3
c. While petitions and form letters are excellent methods for measuring community
views, by their very nature, they don't necessarily provide the substance upon
which to judge a substantial interest. They are more appropriate for legislative
matters where community views and opinions are an integral part of the process,
but not for project permits where due process is a much more complicated
matter.
d. Because petitions don't indicate a substantive interest, they are excluded as a
party of record. However, form letters were not excluded because of the possible
subjective nature of determining substantive interest. While any conflict would
ultimately have to have been settled by the hearing examiner or a judge, form
letters were included as a party of record in order to avoid possible conflict.
7. New chapters for text code amendments, area -wide zoning map amendments, and
comprehensive plan amendments are proposed to be added. These are legislative
matters decided by the City Council. Chapters 20.81, 20.82, and 20.83 contain
procedures for legislative actions.
8. Chapter 20.81 contains provisions for text code amendments, which are changes to
the text language of the code. Procedurally, state law only mandates that a public
hearing occur before the City Council acts upon a proposal. Other requirements
include consideration of public participation (this can be crafted to fit the scope of the
proposal), consistency with the comprehensive plan, and notification to state
agencies.
9. The proposed code language in chapter 20.81 incorporates existing regulations and
practices. The primary change is that the Planning Commission is required to
forward a recommendation (currently they are only required to view a code
amendment). The following outlines what the formal procedures for a text
amendment would look like:
Staff report — Code Amendment Procedure 7
ITEM CA-3
City Initiated
Planning Commission
(Optional)
Notice
(Published) Notice to State
Public Hearing (Optional)
City Council
I Recommendation
Public Hearing (Optional if
already held)
City Council Action
Adopt/ Fail/ Remand
Notice to State
Published Ordinance
• Note: Amendments to the Shoreline Master Program are regulated by the
procedures set forth in state law. Final authority to approve an amendment to
the Shoreline Master Program is with the Department of Ecology.
10. Chapter 20.82 contains provisions for area -wide zoning map amendments, which
are changes to the official zoning map that do not involve a site -specific proposal.
Consistency with the land use map in the comprehensive plan is one of the key
requirements of an area -wide zoning map amendment. If a comprehensive plan
amendment is necessary, the area -wide zoning map amendment can be process
concurrently or separately from the comprehensive plan amendments. If they are
process concurrently, the procedures for a comprehensive plan amendment will
apply. (Note: area -wide map amendments are rare occurrences in the City.)
11.The proposed code language in chapter 20.82 would clarify existing language in
chapter 17.94 MMC and provide consistency with the Growth Management Act. The
following outlines what the formal procedures for a map amendment would look like:
Staff report — Code Amendment Procedure
ITEM CA-3
City Initiated
I Staff Report
Planning Commission
Public Notice
Participation (Published) Notice to State
Public Hearings
Recommendation
City Council
Public Hearings (Optional)
City Council Action
Adopt/ Fail/ Remand Notice to State
I Published Ordinance I
12. Chapter 20.83 contains provisions for comprehensive plan amendments. The
general procedures for these are governed by the Growth Management Act (RCW
36.70A). State law limits consideration of comprehensive plan amendments to not
more than once a year (with a few exceptions) in order to allow for an evaluation of
the accumulative impacts of the proposed changes and to ensure adequate public
participation. Planning Commission review and hearing is mandated.
13.In summary, the City would maintain an annual docket of proposed comprehensive
plan changes. The docket would consist of all applications received the previous 12
months. The deadline for submission is the last business day in September. The
annual docket of amendments would be reviewed by the Planning Commission and
recommendations forwarded to the City Council.
14.The following outlines what the formal procedures for a comprehensive plan
amendment would look like:
Staff report — Code Amendment Procedure 9
ITEM CA-3
Anyone Initiated
Annual Docket
(Sept - Sept)
-
-------------------------
Cumulative Effect
Review
----------------- Staff Report
' Planning Commission
Public
Participation Notice
(Published)
r---------------- Public Hearings
Recommendation
City Council
Public Hearings (Optional)
City Council Action
Adopt/ Fail/ Remand
I Published Ordinance I
15. Summary of other proposed changes:
Non -City submit
Application
I Notice to State I
1 60 days to consider
Section
City Council Action
Adopt/ Fail/ Remand
I Published Ordinance I
15. Summary of other proposed changes:
Non -City submit
Application
I Notice to State I
1 60 days to consider
Section
Notes
12.28.035, .055, .140, .170, .180,
.230, .260
Deleted procedures and revised
consistency with new chapter 20.80
to provide
12.28.035
New section to clarify Type 1 decision
removing trees on private property
process for
12.28.190
Revised posting notice requirements
allow rester flexibility
on trees to
Chapter 14.04
Delete existing chapter on project permit
procedures
15.20.010
- Minor revisions to provide consistency with new
Staff report - Code Amendment Procedure 10
ITEM CA-3
chapter 20.80
- Changed terms of administrative and public hearing
to Level 1 and Level 2 CMP
15.20.050, .060, 070
Deleted CMP procedures and revised to be
consistent with new chapter 20.80
17.56.020, .030, .040
Deleted procedures and revised for consistency with
new chapter 20.80
17.56A.020
Revised to be consistent with new chapter 20.80
17.5613.040
Revised to be consistent with new chapter 20.80
17.80.120
Deleted as redundant
Chapter 17.94
See analysis below
16. Chapter 17.94 is deleted in order to separate site specific rezones from area -wide
rezones. Area -wide rezone procedures are moved to chapter 20.82. A new chapter
17.94 is added with procedures for site -specific rezones. Site -specific rezones are
quasi-judicial actions. The Planning Commission will hold an open record hearing
and makes a recommendation to the City Council. Council will consider the
Planning Commission's recommendation at a closed -record meeting. These
procedures are consistent with state law, which requires site -specific rezones to be
either decided by the City Council or allow appeals to the City Council.
17.The proposed code amendment is consistent with the City 's comprehensive plan.
While the comprehensive plan does not specifically address administrative
procedures for project permits, code amendments or comprehensive plan
amendments, the Growth Management Act does contain a goal for project review to
be completed in a fair and timely manner. The proposed changes establish a
clearer set of procedural and notice requirements consistent with this goal.
18.The code amendment was determined to be exempt from environmental (SEPA)
review pursuant to WAC 197-11-800(19). The code amendment relates solely to
governmental procedures and contains no substantive standards respecting use or
modification of the environment.
19.A Notice of Intent to Adopt was sent to the Washington State Department of
Commerce pursuant to RCW 36.70A.160 on April 19, 2010.
Report prepared by:
Robert J. Grumbach, AICP
Director of Development Services
Staff report — Code Amendment Procedure 11
ITEM CA-4
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJEWTITLE: Schedule public hearing for a code amendment relating to divisions
of land and lot line adjustments
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Robert J. Grumbach
BACKGROUND/SUMMARY:
The Planning Commission forwarded a recommendation to amend the Medina Municipal Code relating
divisions of land and lot line adjustments. The City's subdivision regulations were adopted in 1957 and
last amended in 1964. The state updated platting regulations in 1969, which has resulted in
inconsistencies between state law and the City's regulations. The code amendment would correct
these inconsistencies. Additionally, short subdivision regulations (dividing a property into 4 or fewer
lots) were adopted by the City in 1975. State law requires short subdivisions to be administratively
approved. Local residents expressed concerns that the City's administrative approval process does
not include notifying neighbors. Essentially, the code amendment makes short subdivision and
subdivision processes similar regarding notice requirements and approval criteria. The primary
difference is that short subdivisions are an administrative approval process made by staff, while
subdivisions are a quasi-judicial approval process proposed to be made by the Hearing Examiner and
City Council.
The City currently does not have a lot line adjustment ordinance. The code amendment would add
review procedures and approval criteria and would approve these administratively. Because these are
minor in nature and involve moving existing boundary lines, no notice requirement is proposed.
Finally, the existing subdivision regulations contain general development standards that establish the
layout of lots, streets and walkways. Since these are development standards and not review
procedures, they are separated and moved to a new chapter.
Attachments: Planning Commission Recommendation
Staff Report
BUDGET/FISCAL IMPACT: None
STAFF RECOMMENDATION: Approval
CITY MANAGER REVIEW:)
PROPOSED COUNCIL MOTION: Move to direct staff to prepare an ordinance related to divisions of land
and lot line adjustments based on the planning commission's recommendation and to schedule a
public hearing for July 12, 2010.
Final
CA-4
1 MEDINA PLANNING COMMISSION
2 RECOMMENDATION
3
4 RECOMMENDATION OF THE MEDINA PLANNING COMMISSION
5 RELATING TO DIVISIONS OF LAND AND LOT LINE ADJUSTMENTS
6
7 WHEREAS, the City of Medina is classified as a non -charter code City under title
8 35A RCW; and
9
10 WHEREAS, the Washington State Legislature enacted new platting regulations
11 in 1969, to provide for a uniform manner of subdividing land in cities and counties
12 throughout the state, and replacing the 1937 platting statutes; and
13
14 WHEREAS, the state platting regulations are codified in chapter 58.17 RCW; and
15
16 WHEREAS, the City Council had previously adopted rules and procedures
17 covering short subdivisions and subdivisions, with the regulations pertaining to
18 subdivisions last amended in 1964, and the regulations pertaining to short subdivisions
19 last amended in 1986; and
20
21 WHEREAS, pursuant to RCW 58.17.040(6), division made for the purpose of
22 alteration by adjusting boundary lines are exempt from the subdivision code set forth in
23 chapter 58.17 MMC; and
24
25 WHEREAS, pursuant to RCW 35A.11.020, the City Council may adopt and
26 enforce ordinances of all kinds relating to and regulating local and municipal affairs,
27 including divisions made for the purpose of alteration by adjusting boundary lines; and
28
29 WHEREAS, the City is developing a Unified Development Code and wishes to
30 incorporate the subdivision and lot line adjustment regulations into the Unified
31 Development Code; and
32
33 WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was
34 transmitted to the Washington State Department of Commerce on x, 2010; and
35
36 WHEREAS, pursuant to WAC 197-11-340(1), a Determination of Nonsignificance
37 (DNS) was issued for this proposal; and
38
39 WHEREAS, public notice was published in the Seattle Times newspaper on X,
40 and posted at City Hall X; and
41
42 WHEREAS, the planning commission held a public hearing on May 25, 2010, to
43 receive public testimony concerning the proposed code amendments; and
44
45 WHEREAS, at the conclusion of the planning commission's public hearing, the
46 planning commission voted on the proposed code amendments;
47
48 WHEREAS, the Planning Commission makes the following conclusions:
49
50 A. Revisions to the subdivision regulations are necessary to provide consistency
51 with chapter 58.17 RCW; and
Planning Commission Recommendation 1 of 23
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Final
B. The adoption of regulations governing the
between platted lots is necessary to ensur
zoning regulations, the comprehensive plan,
egress is maintained; and
CA-4
e
adjustment of boundary lines
conformance with applicable
and that proper ingress and
C. The addition of notification requirements for short subdivisions will improve
the permitting process by ensuring the City has a complete record before
rendering a decision on short subdivision applications; and
D. The proposed changes will benefit the public health, safety and welfare if
adopted.
NOW, THEREFORE, BE IT ADVISED THAT THE PLANNING COMMISSION
RECOMMENDS THE FOLLOWING:
Section 1. Title 16 of the Medina Municipal Code is recommended to be
repealed.
((GhapteF-16.04
SHORT SUBDIVISIONS
Sestiens:
16-04.020 €RdeFsemrreRt7
Planning Commission Recommendation 2 of 23
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Final
9 WO
. � gal
.�
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61
CA-4
sate • Rle6s the ni+v n ineeF fiFst dote FFRinno +h.++ n.,l , fn less +h n f aFe
6ubdMGieR shall enteF a I . feF the sale ef, eF shall effeF te sell, said
Planning Commission Recommendation 3 of 23
Final
CA-4
1 sell,
2 ssi
.
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.
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beth,
, OF
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38 A. A legal de6GFipti9R of the land pFepesed
f9F platt' ;
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,
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43
;
44 G. The layeut ef lets,
ppopesed
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47 1)—The location of eXi$tiRg 6t eety
ter
9F pedestrian Way=6 of
etheF ea•6emeRtS,
48
49 Gth9F impeFtaRt featwes,
50
,
51
52 exiStiRg FFI RtS;
Planning Commission Recommendation 4 of 23
Final CA-4
1
2
,
3 F. The Ie6atie,T Of eXiSt?Rg ate,, Mai
, o, o �
S Iinoc ,
I
.., u
eFtS,-eleGtFiG POWeF 8F
4
5 adtaeeel to, the together
PFOpesed-Plat,
With pipe
sizes and
ad
6 G. The layeut ef the wateF distribution
aAd their
propesed
systwn,
pipe sizes
gFades and
7 the IGGatien of valves and fiFe hydFaRtS,
8 H. The and W the SGale
of 20 feet
to the ORGh IeSS,
plaRe, PF9fileS
OF
grades and Sizes a
10 1. The pIaR Of StFeet IffightiRO,' ;
11 j. The plaR Gf StFeet tFee plaRtiRq,'
;
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. . .. ............ ........ , WIN.
T TAM
Planning Commission Recommendation 5 of 23
lot me!,
e
Final
CA-4
6
the
, planRiRg
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Planning Commission Recommendation 6 of 23
Final
CA-4
1
2 have at
its ex#eme,
3
4
5 by the-eity
engineeF, suG i eases e„fe to buildiRg be '^ {
a^^,e all sites and
6
7 ea+eteeaese.
8
,
9
10
11
.
12
13
14
,
15
.
16 A. A
of the entiFe ewnemhip of
whoop
the building has beeR
plat
ske wa6 a-paFt
17
;
18 B. EasemeRtG,'
,
19
;
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,
24 and the
Gity, that the requiSite6 fGF fiRal
approval
9f the will be timely
plat Fnet, apd-
25
26
.
27
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29
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31 re6mdeRtial buildiRg
GiteG iRktGlved,
32 the FealmzatieR
Of aR iRtegFated and u6eful
stFeet,
33
34 by swGGessive,
separate plats, pmvmded--.
35 A. That aRy
land divided iRte
equal
to les6 iR ;-4FP—R thA-P fiVe
PaFG9!s
9F rUffiGient
36
;
37
38 SuGh Sites-
39
40
.
41
42
43 deGwFnents,
maps, suwey notes, shall
GGRtain
the name the the
of subdiViSiGR, Anti
44
45 B. Gemplete
field and GOMputatien
Retes shall
be
supplied,
46
47
48
49
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51 Rot exGeed
ORe fOGt IR 4,000 feet.
Planning Commission Recommendation 7 of 23
Final
CA-4
1
the
With pFopered
2 plat ar, teRtatively
approved--.
3
;
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,
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8 way6l, Utility
OF stormwater easemeRts,
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XMIX'"i ill
Ill3zi W-Ma w MINN.$-
................ . ......... .
Planning Commission Recommendation 8 of 23
Final
CA-4
1 16.08.160
BloGks.
2
3 Bleeks
shall Rot exGeed 4,320
4
,
5
6 SUGh as
to a#9rd adequate lots f49F the type
land
feF
Gf
use and adequate stpeets
aGG966,
7
9h-�-
10
.
11
12
.
13 1.
edw stFeets0Teet;
14 2.
ResideRtial s#eets
15
"OF
16
cif aesessaFy,
17 4.
P8EI86tFian ways, 10 feet-.
18 B. LayGut.
StFeets shall be laid Aut-
19
20
21
;
22
pff101ally
may be
te-a--aetteT
plalllled-Otreets
realigned WbeFe seRdUG!Ve
23
;
24 2.
To fG119W GGRtOLIF "Res, Gent*Ru*Rg
to the beURdaries the
te
geReFally
of plat
so as
25
;
26 3.
4:9 iRte Fs9Gt of right aRgles nr apprexiR;atel
i so;
27 4.
Te—minimize assess to ^ ajOF vtFee s
iG+iE)R of
by
PPE) FnwgiRal aGG8
6 St et
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29
IiRe, OF Gth9F ME
ate thFough IeGal tFaffiG;
PFOPeFty
and
30
4AWFG
at the StFeet GeRteAR8 Of 100
feet, and a
31
taRgGRt betwe 1wes.
32 G-1npFevemapt,
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minimum, 0.25_nerGcn4; the Fnaximwn
grade -of pedestFiaR ways shall
be-10
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47 46.09.480
utalotoes.
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Planning Commission Recommendation 9 of 23
Final
CA-4
1
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23 A. if the appliGaRt shall apply thwefeF at the time Gf filiRg h56 PFOposed plat, the Gity
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26 to exi6t. VVheFe SUGh vaF atioR is asked,
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29 ,
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32 shall At R
FegulaF rneetiRg, gFaRt eF deny the same. The time foF tentative
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Planning Commission Recommendation 10 of 23
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Final
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Section 2. A new chapter 20.73 of the Medina Municipal Code is recommended
to be adopted to read as follows:
LAND DIVISIONS
Chapter 20.73
Sections:
20.73.010 Purpose.
20.73.020 Applicability.
20.73.030 Exemptions.
20.73.040 Definitions applicable to this chapter.
20.73.050 Administration.
20.73.060 General provisions.
20.73.070 Survey requirements.
20.73.080 Further division of a short subdivision and accumulative short
subdivisions.
20.73.085 Review procedures and approvals.
20.73.090 Review procedures and approvals.
20.73.100 Approval criteria — lot line adjustment, short subdivision, and subdivision.
20.73.110 Submittal requirements.
20.73.730 Approval criteria — final short subdivision and subdivision.
20.73.130 Submittal requirements — final short subdivision and subdivision.
20.73.140 Minor modifications to a preliminary subdivision approval.
20.73.150 Recording with County Auditor.
20.73.160 Expiration of final approval.
20.73.165 Subdivision vesting after approval.
20.73.170 Subdivision vesting after approval.
20.73.180 Violations.
20.73.010 Purpose.
A. The purpose of this chapter is to regulate the division of land and adjustment of lot
lines while protecting the public health, safety and general welfare of the community.
B. This chapter establishes the procedures for the division, re -division of land, and the
adjustment of property boundaries in accordance with the goals, objectives and
policies of the Medina Comprehensive Plan, and to ensure compliance with the
City's development and engineering requirements.
20.73.020 Applicability.
A. This chapter shall apply to all divisions of lands including short subdivisions,
subdivisions and lot line adjustments hereafter established within the incorporated
areas of the City of Medina.
B. This chapter is applied in conjunction with chapter 2.73 MMC, Hearing Examiner; title
17 MMC, Zoning; chapter 18.04 MMC, State Environmental Policy Act; the Medina
Shoreline Master Program; chapter 18.12 MMC, Critical Areas; chapter 20.80 MMC,
Project Permit Review Procedures, and other applicable codes referencing this
chapter.
20.73.030 Exemptions.
The provisions of this chapter shall not apply to:
A. Cemeteries and other burial plots while used for that purpose.
Planning Commission Recommendation 11 of 23
Final
CA-4
1 B. Divisions of land made by testamentary provisions, or the laws of descent.
2 C. Division of land due to condemnation or sale under threat thereof by an agency or
3 division of government vested with the power of condemnation.
4 D. A division of land into lots or tracts of less than 3 acres that is recorded in
5 accordance with Chapter 58.09 RCW (Survey Recording Act) and is used or to be
6 used for the purpose of establishing a site for construction and operation of
7 consumer -owned or investor -owned electric utility facilities. The exemption only
8 applies to electric utility facilities that will be placed into service to meet the electrical
9 needs of a utility's existing and new customers. "New customers" are defined as
10 electric service locations not already in existence as of the date that electric utility
11 facilities subject to the provisions of this section are planned and constructed.
12 E. A division of land for the purpose of leasing land for facilities providing personal
13 wireless services while used for that purpose.
14 F. A division of land for the purpose of dedicating to the public such tracts of lands for
15 open spaces, drainage ways, roads, alleys, easements, parks, playgrounds, sites for
16 schools, school grounds, water supplies, sanitary wastes and other general purposes
17 that may be required to protect the public health, safety and welfare.
18 G. Condominiums as set forth in chapters 64.32 or 64.34 RCW.
20 20.73.040 Definitions applicable to this chapter.
22 A. Words in this chapter used in the singular shall include the plural, and the plural shall
23 include the singular, unless the context clearly indicates the contrary.
24 B. The following definitions apply to this chapter and they should be used in conjunction
25 with other definitions found in title 17 and title 20 MMC. However, these definitions
26 are not intended to replace or alter similar definitions found elsewhere within the
27 Medina Municipal Code except when specifically applied to the provisions of this
28 chapter.
29 1. "Auditor, County" means the person defined in chapter 36.22 RCW or the office
30 of the person assigned such duties under the King County Charter.
31 2. "Block" means a group of lots, tracts, or parcels within well-defined and fixed
32 boundaries.
33 3. "Bond" means a satisfactory security to insure performance and/or warranty.
34 The form of the security shall be determined by the Director.
35 4. "Buildable lot" means a tract or parcel of land, legally created, which may be
36 used for the placement of structures separate from other parcels.
37 5. "City" means the City of Medina.
38 6. "Comprehensive Plan" means the City of Medina Comprehensive Plan as
39 adopted and amended.
40 7. "Day" means calendar days.
41 8. "Dedication" means the deliberate appropriation of land by an owner for any
42 general and public uses, reserving to himself or herself no other rights than such
43 as are compatible with the full exercise and enjoyment of the public uses to
44 which the property has been devoted.
45 9. "Director" means the city manager or designee.
46 10. "Division of land" means any segregation of land that creates lots, tracts, parcels,
47 or sites not otherwise exempted by this title that alters or affects the shape, size
48 or legal description of any part of the owner's land.
49 11. "Electric utility facilities" means unstaffed facilities except for the presence of
50 security personnel that are used for or in connection with, or to facilitate the
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1 transmission, distribution, sale, or furnishing of, electricity including, but not
2 limited to, electric power substations.
3 12. "Hearing Examiner" means the person appointed pursuant to MMC 2.78.020 with
4 the powers and duties prescribed in Chapter 2.78 MMC.
5 13. "Lot" means a fractional part of divided lands having fixed boundaries being of
6 sufficient area and dimension to meet the minimum and maximum underlying
7 zoning district requirements for width, area and street frontage. The term shall
8 include tracts or parcels.
9 14. "Lot line adjustment" means a minor movement of a property line between two or
10 more adjoining parcels. Lot line adjustments are used to correct minor
11 trespasses (such as building a shed over a property line) or to add acreage to a
12 parcel for the owner's convenience.
13 15. "Personal wireless services" means any federally licensed personal wireless
14 service. "Facilities" means unstaffed facilities that are used for the transmission
15 or reception, or both, of wireless communication services including, but not
16 necessarily limited to, antenna arrays, transmission cables, equipment shelters,
17 and support structures.
18 16. "Plat" means a map or representation of a subdivision, showing thereon the
19 division of a tract or parcel of land into lots, blocks, streets and alleys, or other
20 divisions and dedications.
21 17. "Plat certificate" means a title report or subdivision guarantee that is prepared by
22 a title company for the property contained in a proposed short subdivision,
23 subdivision or binding site plan, to include, as a minimum, all owners of record,
24 easements and encumbrances affecting said property.
25 18. "Plat, final" means the final drawing of the subdivision and dedication prepared
26 for filing for record with the County Auditor and containing all elements and
27 requirements set forth in this chapter and Chapter 58.17 RCW.
28 19. "Plat, preliminary" means a neat and approximate drawing of a proposed
29 subdivision showing the general layout of streets and alleys, lots, blocks, and
30 other elements consistent with the requirements of this chapter. The preliminary
31 plat shall be the basis for the approval or disapproval of the general layout of a
32 subdivision or short subdivision.
33 20. "Plat, short" means the map or representation of a short subdivision.
34 21. "State Environmental Policy Act (SEPA)" means environmental review
35 procedures required under chapter 43.21 C RCW, chapter 197-11 WAC and
36 chapter 18.04 MMC.
37 22. "Subdivision" means the division or re -division of land into 5 or more lots, tracts,
38 parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
39 23. "Subdivision, accumulative short" means multiple short subdivisions of
40 contiguous existing lots held under common ownership, which would result in the
41 creation of five or more lots within a 5-year period of the initial short subdivision
42 approval. "Ownership" for the purpose of this definition means ownership as
43 established at the date of the initial short subdivision approval.
44 24. "Subdivision, short" means the division or re -division of land into 4 or fewer lots,
45 tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of
46 ownership.
47 25. "Title report" means the written analysis of the status of title to real property,
48 including a property description, names of titleholders and how title is held (joint
49 tenancy, etc.), encumbrances (mortgages, liens, deeds of trusts, recorded
50 judgments), and real property taxes due.
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1 26. "Tract" means land reserved for special uses such as open space, surface water
2 retention, utilities, or access. Tracts are not counted as lots nor considered as
3 building sites.
4 27. "Treasure, County" means the person defined in chapter 36.40 RCW, or the
56 office of the person assigned such duties under the King County Charter.
7 20.73.050 Administration.
8
9 The Director is vested with the duty of administering and implementing the provisions of
10 this chapter.
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12 13 20.73.060 General provisions.
14 A. The provisions set forth in this chapter shall constitute the minimum requirements
15 necessary to promote the public health, safety, and general welfare.
16 B. Any person who desires to subdivide land within the boundaries of the City should
17 consult with the City at an early date to become familiar with the requirements of this
18 chapter and for assistance in understanding the engineering requirements and the
19 construction standards of the City.
20 C. Transfer of land prior to final approval.
21 1. Whenever any parcel of land is divided into 2 or more lots, no person, firm,
22 corporation or agents of them shall sell, transfer or advertise for sale or transfer
23 any such lot without having a short subdivision or subdivision recorded unless
24 preliminary approval expressly conditions a performance of an offer or
25 agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land on the
26 recording of the final short plat or plat.
27 2. If performance of an offer or agreement to sell, lease or otherwise transfer a lot,
28 tract, or parcel of land following preliminary approval is expressly conditioned on
29 the recording of the final plat containing the lot, tract, or parcel, the offer or
30 agreement shall not be subject to the penalties in RCW 58.17.200 or 58.17.300,
31 or MMC 20.73.180.
32 3. All payment on account of an offer or agreement conditioned as provided in this
33 section shall be deposited in an escrow or other regulated trust account and no
34 disbursement to sellers shall be permitted until the final short plat or plat is
35 recorded.
36 D. Lands designated as critical areas such as wetlands, aquifers, streams, flood
37 hazards, geological hazards and wildlife habitat conservation areas shall not be
38 divided nor have lot lines adjusted unless adequate safeguards are provided as
39 prescribed in chapter 18.12 MMC, Critical Areas.
40 E. The applicant shall pay a fee in accordance to the fee schedule adopted in chapter
41 3.64 and 17.44 MMC, which shall accompany the application.
42 F. In lieu of the completion of the actual construction of any required improvements
43 prior to the approval of a final subdivision, the City may accept a bond providing for
44 and securing the actual construction and installation of such improvements within a
45 period specified by the City. In addition, the City may provide for methods of
46 security, including the posting of a bond securing the successful operation of
47 improvements for up to two (2) years after final approval.
48 G. If any provision of this chapter or its application to any person or circumstance is held
49 invalid, the remainder of this chapter, or the application of the provision to other
50 persons or circumstances shall not be affected.
51
52 20.73.070 Survey requirements.
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2 A. A Washington State licensed land surveyor registered pursuant to chapter 18.43
3 RCW shall prepare, stamp, and seal all proposed lot subdivisions.
4 B. A survey is required for all final approvals of lot line adjustments, short subdivisions,
5 and subdivisions and shall meet the survey standards of chapter 58.09 RCW and
6 chapter 332-130 WAC.
7 C. The surveyor shall certify on the final document to be recorded that it is a true and
8 correct representation of the lands actually surveyed.
9 D. Whenever a survey reveals a discrepancy, the discrepancy shall be noted on the
10 face of the subdivision. "Discrepancy" means: (1) a boundary hiatus; (2) an
11 overlapping boundary; or (3) a physical appurtenance, which indicates
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3 encroachment, lines of possession, or conflict of title.
14 20.73.080 Further division of a short subdivision and accumulative short
15 subdivisions.
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17 A. Land within a short subdivision may not be further divided in any manner within a
18 period of 5 years without the filing of a final plat, except the original owner of the land
19 at the time the short subdivision was approved by the City may file within the 5-year
20 period an alteration to the short subdivision to create up to a total of 4 lots within the
21 original short plat boundaries.
22 B. Accumulative short subdivisions, and other proposed means of segregation used to
23 avoid the requirements of a subdivision are prohibited and violate the provisions of
25 this chapter.
26 20.73.085 Review procedures and approvals.
27
28 Each lot line adjustment and division of land is processed as a different action "type" as
29 described in MMC 20.80.060 and summarized as follows:
30 A. Approval of a lot line adjustment application is a two step process, which includes
31 final approval by the Director and recording with the King County Auditor.
32 B. Approval of a division of land is a four step process including preliminary approval,
33 installation or bonding of required improvements, final approval, and recording with
34 King County Auditor. The process summarizes as follows:
35 1. Short Subdivision:
36 a. A preliminary short subdivision is processed as a Type 2 decision pursuant to
37 chapter 20.80 MMC.
38 b. Installation of infrastructure improvements as determined by the City, or
39 providing a form of security as determined by the City to ensure such
40 improvements are installed.
41 c. A final short subdivision is processed as a Type 1 decision pursuant to
42 chapter 20.80 MMC.
43 d. The final short subdivision shall be submitted to the Director within 5 years of
44 the date that the preliminary approval became final or the short subdivision
45 shall become null and void.
46 e. The Director's signature is required on the final short plat.
47 2. Subdivision.
48 a. A preliminary subdivision is processed as a Type 3 decision pursuant to
49 chapter 20.80 MMC.
50 b. Installation of infrastructure improvements as determined by the City, or
51 providing a form of security as determined by the City to ensure such
52 improvements are installed.
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c. A final subdivision is processed as a Type 2 decision pursuant to chapter
20.80 MMC.
d. The final subdivision shall be submitted to the Director within 7 years of the
date that the preliminary approval became final or the subdivision shall
become null and void.
e. The following signatures on the final plat are required before the Director can
submit the final plat to the City Council for their action:
i. Director: whose signature approves compliance with all terms of the
preliminary plat approval of the proposed plat subdivision or
dedication.
ii. City Engineer: whose signature approves the layout of streets, alleys
and other rights -of -way, design of bridges, sewage and water systems
and other structures.
iii. City of Bellevue Utilities: whose signature approves the adequacy of
the proposed means of sewage disposal and water supply.
iv. King County Treasurer: whose signature confirms a statement that all
taxes and delinquent assessments for which the property may be
liable as of the date of certification have been duly paid, satisfied or
discharged.
v. Property Owner: whose signature confirms a statement that the
subdivision has been made with the free consent and in accordance
with the desires of the owner.
f. The City Council may authorize the Mayor to sign an approved final plat.
This section shall expire December 31, 2014 pursuant to SSB 6544; chapter 79, Laws of
2010.
20.73.090 Review procedures and approvals.
Each lot line adjustment and division of land is processed as a different action "type" as
described in MMC 20.80.060 and summarized as follows:
C. Approval of a lot line adjustment application is a two step process, which includes
final approval by the Director and recording with the King County Auditor.
D. Approval of a division of land is a four step process including preliminary approval,
installation or bonding of required improvements, final approval, and recording with
King County Auditor. The process summarizes as follows:
3. Short Subdivision:
a. A preliminary short subdivision is processed as a Type 2 decision pursuant to
chapter 20.80 MMC.
b. Installation of infrastructure improvements as determined by the City, or
providing a form of security as determined by the City to ensure such
improvements are installed.
c. A final short subdivision is processed as a Type 1 decision pursuant to
chapter 20.80 MMC.
d. The final short subdivision shall be submitted to the Director within 5 years of
the date that the preliminary approval became final or the short subdivision
shall become null and void.
e. The Director's signature is required on the final short plat.
4. Subdivision.
a. A preliminary subdivision is processed as a Type 3 decision pursuant to
chapter 20.80 MMC.
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b. Installation of infrastructure improvements as determined by the City, or
providing a form of security as determined by the City to ensure such
improvements are installed.
c. A final subdivision is processed as a Type 2 decision pursuant to chapter
20.80 MMC.
d. The final subdivision shall be submitted to the Director within 5 years of the
date that the preliminary approval became final or the subdivision shall
become null and void.
e. The following signatures on the final plat are required before the Director can
submit the final plat to the City Council for their action:
vi. Director: whose signature approves compliance with all terms of the
preliminary plat approval of the proposed plat subdivision or
dedication.
vii. City Engineer: whose signature approves the layout of streets, alleys
and other rights -of -way, design of bridges, sewage and water systems
and other structures.
viii. City of Bellevue Utilities: whose signature approves the adequacy of
the proposed means of sewage disposal and water supply.
ix. King County Treasurer: whose signature confirms a statement that all
taxes and delinquent assessments for which the property may be
liable as of the date of certification have been duly paid, satisfied or
discharged.
x. Property Owner: whose signature confirms a statement that the
subdivision has been made with the free consent and in accordance
with the desires of the owner.
f. The City Council may authorize the Mayor to sign an approved final plat.
This section shall be effective January 1, 2015, pursuant to SSB 6544; chapter 79, Laws
of 2010.
20.73.100 Approval criteria — lot line adjustment, short subdivision and
subdivision.
The following criteria shall be used to review and approve lot line adjustments,
preliminary short subdivisions and subdivisions:
A. Lot line adjustments:
1. Does not create any additional lot, tract, parcel, or division of land;
2. Does not create a lot, tract, parcel, site, or division of land, which contains
insufficient area or dimension to meet the minimum requirements for area and
dimensions as set forth in the Medina Municipal Code;
3. Does not create or diminish any easement or deprive any parcel of access or
utilities; and
4. Does not create or increase the nonconformity of structures, lots, or other factors
with respect to development standards.
B. Preliminary short subdivisions and preliminary subdivisions:
1. The proposal is in conformance with the Comprehensive Plan, Shoreline Master
Program, and any other City -adopted plans;
2. Provisions have been made for water, storm drainage, erosion control and
sanitary sewage disposal for the subdivision that are consistent with current
standards and plans as adopted in City code or ordinance;
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1 3. Provisions have been made for roads, utilities, street lighting, street trees and
2 other improvements that are consistent with the zoning code, chapter 20.90
3 MMC, and engineering standards;
4 4. Provisions have been made for dedications, easements and reservations;
5 5. The proposal complies with the relevant requirements of the zoning code and all
6 other relevant local regulations;
7 6. Appropriate provisions are made for:
8 a. The public health, safety, and general welfare and for such open spaces,
9 drainage ways, streets or roads, alleys or other public ways, transit stops,
10 potable water supplies, sanitary wastes, parks and recreation, playgrounds,
11 schools and school grounds and all other relevant facts, including sidewalks
12 and other planning features that assure safe walking conditions for students
13 who only walk to and from school; and
14 b. The public use and interest will be served by the platting of such subdivision
15 and dedication.
16
178 20.73.110 Submittal requirements.
19 An applicant seeking approval of a lot line adjustment, preliminary short subdivision or
20 preliminary subdivision must submit a complete application requesting approval. It is the
21 responsibility of the applicant to provide all of the necessary information before the
22 application is processed. In conjunction with the appropriate fee, a complete application
23 under this chapter shall include, but is not limited to, the following:
24 A. Application shall be made on the appropriate forms prescribed by the City and shall
25 be signed and dated by the property owner or authorized agent. When an authorized
26 agent is involved, they shall provide proof they represent the legal interests of the
27 property owner.
28 B. The application shall contain each of the following:
29 1. The name, address and telephone number of the applicant and person to be
30 contacted;
31 2. The King County Assessor's tax identification number;
32 3. The name, address and telephone number of the owner of the property;
33 4. Address or location of the property to be subdivided;
34 5. Legal description of the property (from the title report verbatim);
35 6. The existing zone classification of the property;
36 7. The existing shoreline environmental designation if any land is within 200 feet of
37 the ordinary high water mark as defined by RCW 90.58.030(2)(b);
38 8. Approximate project site lot area in acres;
39 9. The range of lot sizes in square feet.
40 C. Plan drawings:
41 1. All drawings shall be to scale on an 18-inch by 24-inch sheet of paper (multiple
42 sheets may be used in order to provide clarity).
43 2. Lot line adjustment: In addition to the illustrations prescribed in MMC
44 20.73.110(C)(3), plan drawings for lot line adjustments shall include the following:
45 a. The final lot boundaries shall be shown with a heavier line weight to clearly
46 distinguish them from existing boundaries;
47 b. A full and correct legal description of the revised lots; and
48 c. Comply with the survey requirements set forth in MMC 20.73.070.
49 3. Preliminary short plat/ plat: Drawings shall include the following illustrations:
50 a. Location of the site by section, township, range;
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b. North arrow and the boundary of the lands being divided or having the
boundaries adjusted;
c. Scale at not less than 1 inch = 100 feet (larger scales such as 1:50, 1:20, and
1:30 are preferred);
d. Vicinity map showing the site clearly marked (smaller scale than 1:100 is
acceptable);
e. The proposed layout and dimensions of lots and tracts;
f. The name of any adjacent subdivisions;
g. The approximate location, names and width of all existing and proposed
streets, roads, private lanes and access easements within the boundaries of
the lands being effected;
h. The location of existing and proposed improvements such as storm water
facilities, sidewalks, utilities, power poles, etc., within the boundaries of the
lands being effected and adjacent lots;
i. All existing and/or proposed easements or divisions proposed to be dedicated
for any public purpose or for the common use of the property owners of the
lands being subdivided;
j. A full and correct description of the lands being divided or having the lot lines
adjusted;
k. Approximate location of existing structures and other improvements located
on the site and whether such structures are proposed to remain on the
property;
I. Shorelines, streams, wetlands, wildlife habitat conservation areas, and
geologically hazardous areas as defined in chapter 18.12 MMC, Critical
Areas, and the Shoreline Master Program;
m. Topographical information showing existing contour lines at intervals of 2 feet
elevation.
D. Reduced plan drawing consisting of an 11-inch by 17-inch reproducible copy of the
site plan containing the information prescribed in MMC 20.73.110(B), except this
provision shall not apply to a lot line adjustment.
E. Title report issued within 30 days of application, showing all persons having an
ownership interest, a legal description describing exterior boundary of application site
and listing all encumbrances affecting the site.
F. Public notice packet as required by the corresponding application.
G. Environmental (SEPA) checklist for a subdivision application.
H. Water and Sewer Availability from City of Bellevue Utilities (not applicable to a lot line
adjustment).
I. Perimeter lot closures for all lots, tracts, and the exterior boundary.
J. Any related information and/or studies (including but not limited to storm drainage
report and critical areas report) required by other provisions of the Medina Municipal
Code, identified in the pre -application meeting, or deemed necessary by the Director.
20.73.120 Approval criteria — final short subdivision and subdivision.
The following criteria shall be used to review and approve a final short subdivision and
final subdivision:
A. Conforms to all terms of the preliminary approval;
B. Meets all zoning and engineering requirements;
C. Meets all requirements of this chapter;
D. Meets all applicable local and State laws that were in effect at the time of vesting;
and
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1 E. Improvements have been constructed, or a bond or other security has been secured
2 at 130 percent of the estimated construction value accepted by the City.
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4 20.73.130 Submittal requirements — final short subdivision and subdivision.
5
6 An applicant seeking final approval of a short subdivision or subdivision must submit a
7 complete application requesting approval. It is the responsibility of the applicant to
8 provide all of the necessary information before the application is processed. In
9 conjunction with the appropriate fee a complete application for a final subdivision
10 approval shall contain, but is not limited to, the following:
11 A. Application shall be made on the appropriate forms prescribed by the City and shall
12 be signed and dated by the property owner or authorized agent.
13 B. Final plan drawings:
14 1. All drawings shall be to scale on an 18-inch by 24-inch sheet of paper (multiple
15 sheets may be used);
16 2. Contain the illustration and information set forth in MMC 20.73.110(C)(3), except
17 the Director may approve a scale up to 1 inch = 200 feet in order to fit the layout
18 of a plat on a single sheet;
19 3. Meet the survey requirements set forth in MMC 20.73.070;
20 4. Include addressing of individual lots assigned by the City;
21 5. Certificate for the approval signatures detailed in MMC 20.73.090;
22 6. Treasurer's certificate to ensure payment of taxes; and
23 7. Other information requested during the preliminary short plat or plat approval;
24 C. If the short subdivision or subdivision includes a dedication, the following statements
25 shall be included:
26 1. The dedication of all streets and other areas to the public, and individual or
27 individuals, religious society or societies, or to any corporation, public or private,
28 as shown on the plat;
29 2. A waiver of all claims for damages against any governmental authority which
30 may be occasioned to the adjacent land by the established construction,
31 drainage and maintenance of said road;
32 3. Said statements shall be signed and acknowledged before a notary public by all
33 parties having any interest in the lands subdivided;
34 D. Lot Numbering. Lots shall be consecutively numbered; tracts shall be lettered
35 alphabetically and in consecutive order.
36 E. Plat Certificates. Three copies of a plat certificate for the subject property shall
37 accompany a final subdivision application.
39 F. Perimeter lot closures for all lots, tracts, and the exterior boundary.
40 20.73.140 Minor modifications to a preliminary subdivision approval.
41
42 The Director may administratively approve minor amendments to a preliminary
43 subdivision approval. City Council approval is required after a public hearing for major
44 amendment to a preliminary subdivision approval. Notice of the hearing shall be sent in
45 accordance with the notice requirements for a public hearing in chapter 20.80 MMC and
46 to all parties of record. A major amendment includes, but is not limited to, any one of the
47 following:
48 A. Amendments that would result in an increase to the number of lots in the subdivision
49 beyond the number previously approved;
50 B. Amendments that would result in the relocation of any roadway access point to an
51 exterior street from the plat;
52 C. Amendments that propose phasing of plat development not previously approved;
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D. Amendments that, in the opinion of the Director, would significantly increase any
adverse impacts or undesirable effects of the plat.
20.73.150 Recording with County Auditor.
All lot line adjustments, final short subdivisions and final subdivisions shall be filed for
record with the office of the King County Auditor. The applicant shall furnish 3 copies of
the recorded document to the City and one copy shall be filed with King County
Assessors.
20.73.160 Expiration of final approval.
Approvals of lot line adjustments, final subdivisions and final subdivisions shall
automatically expire if the plans are not recorded within one year of the written approval
date.
20.73.165 Subdivision vesting after approval.
Subdivisions shall be governed by the statutes, ordinances, and regulations in effect at
the time of complete application for preliminary subdivision and will continue to be
vested for a period of 7 years after the final subdivision approval.
This section shall expire December 31, 2014, pursuant to SSB 6544; chapter 79, Laws
of 2010.
20.73.170 Subdivision vesting after approval
Subdivisions shall be governed by the statutes, ordinances, and regulations in effect at
the time of complete application for preliminary subdivision and will continue to be
vested for a period of 5 years after the final subdivision approval.
This section shall be effective January 1, 2015, pursuant to SSB 6544; chapter 79, Laws
of 2010.
20.73.180 Violations.
Violation of any provision of this chapter shall be subject to the provisions and penalties
set forth in chapter 1.15 MMC.
Section 2. A new chapter 20.90 of the Medina Municipal Code is recommended
to be adopted to read as follows:
Chapter 20.90
Subdivision Design and Improvement Standards
Sections:
20.90.010
Lot requirements.
20.90.020
Maximum length of blocks.
20.90.030
Streets and pedestrian ways.
20.90.040
Utilities.
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20.90.010 Lot requirements.
Lots shall conform to the minimum size and frontage requirements of the land use zone.
As to frontage only, when the overall optimum arrangement of lots requires lesser
frontage, it may be permitted if not significantly below the minimum standard. Shape and
orientation shall be appropriate for the location. Excessive length in relation to width,
frontage on two streets, and side lines at other than approximate right angles to the front
line, are to be avoided. Corner lots shall be wider to permit front yard setback from both
streets and the corner at the intersection shall be an arc of 10 feet minimum radius.
20.90.020 Maximum length of blocks.
Blocks shall not exceed 1,320 feet in length unless topography or other characteristics of
the land require, and such longer block will not impede traffic flow. Where a block is over
660 feet long, a 10-foot pedestrian way shall be dedicated. Layout of blocks shall be
such as to afford adequate lots for the type of land use and adequate streets for access,
circulation, control and safety, and to make the best of the limitations and opportunities
of the topography.
20.90.030 Streets and pedestrian ways.
A. Right -of -Way. Minimum right-of-way widths shall be as follows:
1. Arterial and collector streets, 60 feet;
2. Local access streets, 50 feet;
3. Turnarounds shall be per the international fire code for emergency vehicle
turnarounds;
4. Pedestrian ways, 10 feet.
B. Layout. Streets shall be laid out:
1. To conform with the official circulation plan and be properly related to existing
and planned streets and pedestrian ways and to conditions of topography,
convenience and safety, and to the use of the land served; provided, that
officially planned streets may be realigned where conducive to a better
arrangement of lots and public facilities and improved circulation of traffic;
2. To generally follow contour lines, continuing to the boundaries of the plat so as to
provide continuity of streets and pedestrian ways;
3. To intersect at right angles or approximately so;
4. To minimize access to major streets by provision of marginal access streets,
reverse frontage with screen planting in a non -access reservation along the rear
property line, or other means to separate through and local traffic; and 16.08.180
5. To give a minimum radius of curvature at the street centerline of 100 feet and a
100-foot tangent between reverse curves.
C. Improvement.
1. Grading. The maximum grade of streets shall be seven percent, and the
minimum, 0.25 percent; the maximum grade of pedestrian ways shall be 10
percent. Changes in grade shall be connected by approved vertical curves.
Streets and pedestrian ways shall be graded to full width according to approved
cross-section under city standards for private work on city street rights -of -way.
2. Paving. Streets shall be hard surfaced according to the specifications of the
same standards in terms of the type of paving elected by the applicant.
Sidewalks, if any, shall satisfy the minimum of the same standards.
D. Lighting and Trees. If the applicant elects to provide lighting or trees, installation or
planting shall conform to the official street lighting or tree plans.
Planning Commission Recommendation 22 of 23
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E.
Names and Signs. Names shall be those of the streets extended or as approved by
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the Planning Commission. Street signs shall be provided at each intersection,
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constructed and installed to city standards.
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20.90.040 Utilities.
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A.
Water. A complete water system, with fire hydrants, shall be provided, designed,
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located and installed according to standards prescribed by the city engineer.
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Sanitary Sewers. If there is a public sewer main lying within 800 feet of the proposed
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plat, or if such is planned for installation by the sewer authority within one year of
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filing of the application, a complete sanitary sewer system to connect shall be
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provided, designed, located and installed to standards prescribed by the city
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engineer.
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Utilities Easements. Easements for utilities shall be provided where necessary to
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supplement street or pedestrian rights -of -way, centered on rear or side lot lines if
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practical.
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Storm Sewers. Provision of storm sewers will be necessary as an incident of paving.
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The location and type of catch basins, culverts and other structures shall be
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according to those established by the city engineer and the official drainage plan.
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Where such plan indicates, stormwater easements shall be provided.
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APPROVED
BY THE PLANNING COMMISSION ON THIS � AY OF x, , 2010.
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Planning [ missron
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Attest:
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IaA -S-�)
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Robert J. Grum ach
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Development qervices Director
Planning Commission Recommendation Land Division 23 of 23
ITEM CA-4
°'11-141 CITY OF MEDINA
Development Services
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.medina-wa.gov
STAFF REPORT
Land Division/ Lot Line Adjustments
Summary: Proposed code amendments relating to divisions of land and lot line
adjustments.
Part 1 - Introduction:
1. REGULATORY REVIEW CRITERIA:
a. GROWTH MANAGEMENT ACT (RCW 36.70A):
• The state legislature found that it is in the public interest that citizens,
communities, local governments, and the private sector cooperate and
coordinate with one another in comprehensive land use planning. The Act
sets forth thirteen planning goals. The City of Medina has adopted a
comprehensive plan that implements the goals of the Growth Management
Act.
b. PLATS— SUBDIVISIONS— DEDICATIONS (RCW 58.17):
The state legislature found that the process by which land is divided should
be administered in a uniform manner throughout the state. The Act sets forth
the general procedural requirements for processing divisions of land.
Boundary line adjustments are exempt from the statute.
C. POWERS VESTED IN LEGISLATIVE BODIES OF CODE CITIES (RCW 35A.11.020):
• The City Council has authority to regulate and organize its internal affairs and
adopt ordinances regulating such, provided it does not conflict with state law.
Boundary line adjustments (lot line adjustments) fall under the council's
authority to regulate the internal affairs of the City.
d. CITY OF MEDINA REGULATIONS:
MMC 14.04.150 allows any interested person to suggest amendments to the
City's comprehensive plan or development regulations. All such suggestions
are required to be forwarded to the Planning Commission on at least an
annual basis.
Staff report — Land Divisions & LLA
ITEM CA-4
Part 2 — Public Participation:
1. NOTICES:
• Notice for the Planning Commission public hearing was published in the Seattle
Times newspaper on May 12, 2010, and posted at City hall on May 10, 2010.
Additionally, hearing notice was sent on May 10, 2010, to recipients of the City's
govdeliver.com who requested public legal notices.
• Notice of the planning commission agendas are posted at City hall and published
on the City's website. The Planning Commission held meetings on the subject at
their regularly scheduled meetings on April 7 and February 23, 2010.
2. PUBLIC COMMENTS RECEIVED (as of May 18, 2010):
Who Summary of Comments
None received
Part 3 — Staff Analysis:
The topic of short subdivisions was added to the Planning Commission's work
program as a result of residents expressing concerns about not being notified of
short subdivision approvals.
2. RCW 58.17 contains general platting and subdivision requirements. Before 1937,
plats were simply recorded in the recorder's office of the county in which the land
being divided lay. There was no review or approval by any local government officer
or body. Plats were often laid down without any regards for existing conditions.
Road rights -of -way could be laid over a cliff or lots could be platted over water. In
1937, the state legislature required all plats and subdivisions comprising of five or
more lots to be submitted to the legislative or planning authority of the local
jurisdiction. Cities and counties were required to enact ordinances and regulations
setting standards for plats and subdivisions. (Codified as RCW 58.08.)
3. In 1969, RCW 58.08 was replaced with RCW 58.17. Much of the post 1937 platting
requirements were retained, but additional details, including short subdivisions, was
added. Cities and counties were required to establish administrative procedures
under which to review and approve short plat applications. Subsequently, with the
adoption of the Growth Management Act, jurisdictions planning under the act could
modify their definition of short subdivisions to include divisions of land applications
up to a maximum of 9 lots. However, the code amendment would retain the current
4 lots or less short subdivision.
4. The City's subdivision regulations are contained in chapter 16.08 MMC.
Regulations and standards pertaining to subdivisions were adopted in 1957 and last
amended in 1964. The code delegates approval of plats to the planning
commission, which is no longer consistent with state law. Other provisions
Staff report — Land Divisions & LLA 2
ITEM CA-4
contained in the chapter, while somewhat consistent, are out of date (i.e.: references
to the city engineer, health officer and building inspector reviewing preliminary plats).
5. A new chapter on the processing of short subdivisions was adopted in 1975 and
essentially treated these similar to that of processing a building permit. (Note: the
distinction between short subdivisions/ subdivisions and short plats/ plats is that the
former represents the action and the latter represents the drawings.)
6. The City does not have a lot line adjustment ordinance. Technically, a property
owner can record a lot line adjustment without the City's review or approval.
However, King County Auditor's office has made it a policy not to accept lot line
adjustment documents, unless the City has approved it. In practice, whoever has
acted as the City's planning official, in conjunction with the engineering consultant,
has reviewed and decided lot line adjustments.
7. The code amendment would add new regulations for processing and approving lot
line adjustments, short subdivisions and subdivisions. The chapter contains
submission requirements, approval criteria and provisions that are specific to
divisions of land and lot line adjustments. Procedure requirements are cross
referenced to the new chapter 20.80 MMC.
8. Lot line adjustments are considered a minor land use action. They do not create
new building sites and are used primarily to add land to another lot or to resolve
ownership conflicts, such as a building located on a property line. Applications
would be approved as a Type 1 decision by the city manager or designee (Director
of Development Services). Since only the property owners involved are affected by
the decision, no public notice requirements are suggested.
9. The process for reviewing and approving a short subdivision would be significantly
altered. Applications would remain being approved by the city manager or designee,
but a public notice requirement is added. (Short subdivisions would be a Type 2
decision.) This reflects the circumstance that approval of a short subdivision creates
new building sites that can be sold individually. This increases the likely hood that
new development will occur. (Currently, a single lot that is large enough to be
subdivided can have more than one building site developed, but single ownership
makes development of additional single-family residences on the same parcel less
likely.)
10.The overall process for reviewing and approving subdivisions would remain the
same with the specific details being modified. Preliminary subdivisions would be a
Type 3 decision (quasi-judicial) and a final subdivision would be a Type 1 decision
(ministerial). However, the decision -maker on both changes. For a preliminary
subdivision, the hearing examiner would hold a public hearing and make a
recommendation to the City Council. The City Council would consider the hearing
examiner's recommendation and decide the preliminary subdivision at a closed
record meeting (no public hearing). An application for a final subdivision would be
decided by the City Council.
Staff report — Land Divisions & LLA 3
ITEM CA-4
11. It's worth noting that a preliminary plat is the "project permit" that shows the location
and extent of the proposed development, site conditions, subdivision lines, and
proposed improvements. It serves as the document upon which the final subdivision
is based. The final plat is the final drawing of the subdivision and any dedication
prepared for filing for record with the county auditor. It is a ministerial,
nondiscretionary decision. If the final plat conforms to all of the conditions required
by a preliminary subdivision approval, then the City Council is required to approve
the final plat.
12.The code amendment includes two sections that replicate another section of code.
Section 20.73.085 replicates 20.73.090, and Section 20.73.165 replicates 20.73.170.
These replications echo recent changes to state law. RCW 58.17 provides that
preliminary subdivision approvals expire after 5 years if the final plat is not record.
Additionally, once a final plat is recorded, the lots are vested in the regulations in
effect at the time of the preliminary subdivision application was complete for 5 more
years. Because of current economic conditions, the state legislature amended these
timeframes to 7 years. However, the extended timeframes expire on December 31,
2014. The replicated sections reflect the 5 and 7 year timeframes.
13.In addition to submission requirements and procedures, chapter 16.08 MMC
contained subdivision design and improvement standards. These design and
improvement standards deal primarily with streets and utilities and should be
consolidated with other City street standards. For now, these are proposed to be
retained, but moved to a separate chapter until such time the City conducts a
comprehensive review of its street standards.
14.It's also worth noting that the land divisions and lot line adjustment regulations are
moved to a new chapter 20.73. This reflects the City's direction to develop a Unified
Development Code.
15.A State Environmental Policy Act (SEPA) threshold Determination of
Nonsignificance was issued May 7, 2010.
16.A Notice of Intent to Adopt was sent to the Washington State Department of
Commerce pursuant to RCW 36.70A.160 on May 7, 2010.
Report prepared by:
Robert J. Grumbach, AICP
Director of Development Services
Staff report — Land Divisions & LLA 4
ITEM CA-5
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: Schedule public hearing for a code amendment relating to permit
fees
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: ROBERT J. GRUMBACH
BACKGROUND/SUMMARY:
City staff is working on major revisions to the City's permit fee program. The goal is to create a more
effective method of determining fees that has greater predictability for applicants and better cost
recovery for the City.
The proposed ordinance would amend chapter 17.44 of the Medina Municipal Code by:
• Adding a fixed valuation table for new construction of single-family dwellings and additions thereto.
The numbers are based on previous zoning pre -alteration calculations and RS Means estimates.
• High value projects (over $2.5 million) and other buildings and structures would continue to have
the applicant provide an estimate valuation at the time of application that must be approved by the
building official.
• Simplify existing language for passing through consultant costs and add authority to require
advanced deposits from which the City can draw -down funds to pay for consultant services as
those costs are incurred.
• Add procedures for an applicant to appeal any fee estimate disputes. If the applicant is the
prevailing party in an appeal, the City would refund their appeal fee.
Note: The ordinance establishes the authority and general administrative requirements of the fee
program. Changes to the fee schedule to implement the new program will require a separate action.
Staff is in the process of evaluating existing permit fees and will be bringing forward an updated fee
schedule at a future date. The intent is for this ordinance to go into effect when the new fee schedule
is approved by the City Council.
Attachments: Draft Ordinance
BUDGET/FISCAL IMPACT: None
STAFF RECOMMENDATION: Approval
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Move to schedule a public hearing for July 12, 2010, for a proposed
ordinance relating to development fees.
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Final ITEM CA-5
CITY OF MEDINA
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, AMENDING CHAPTER 17.44 OF THE MEDINA MUNICIPAL CODE
RELATING TO DEVELOPMENT FEES
WHEREAS, the City of Medina is classified as a non -charter code City under title
35A RCW; and
WHEREAS, pursuant to RCW 82.02.020, the city is authorized to collect reasonable
fees from an applicant for a permit or other governmental approval to cover the cost for
processing applications, inspecting and reviewing plans, or preparing environmental
documents; and
WHEREAS, the City Council adopted Ordinance No. 421 (February 10, 1986)
establishing a development permit fee schedule and authorized the City manager to modify
the fee schedule; and
WHEREAS, Ordinance No 421 also provided for the recovery of consultant costs
associated with development permits and environmental review; and
WHEREAS, it is the general policy of the City that permit fees and environmental
review fees should cover the cost of providing services associated with development permits
and environmental review; and
WHEREAS, the City Council wishes to provide a more effective fee program
associated with development permits and environmental review; and
WHEREAS, pursuant to WAC 197-11-800(19), adoption of a fee schedule contains
no substantive standards respecting use or modification of the environment and is
categorically exempt from the State Environmental Policy Act.
WHEREAS, the City Council of the City of Medina, Washington, does adopt the
following findings of fact:
A. Revisions to the development permit fee provisions are necessary to improve the
overall effectiveness of assessing and recovering reasonable fees associated
with processing applications, inspecting and reviewing plans and reviewing and
preparing environmental documents.
B. The adoption of a building and structure valuation table will provide greater
predictability and certainty in establishing fees for building permits.
C. The collection of advance deposits for consultant services will ensure a more
effective means of recovering costs from applicants for consultant services
associated with development permits and approvals.
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Final ITEM CA-5
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D. The proposed revisions set forth in this ordinance are in the best interest of the
City and protect the public health, safety and welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 17.44 of the Medina Municipal Code is hereby repealed.
Section 2. A new chapter 17.44 of the Medina Municipal Code is adopted to read as
follows:
Sections:
17.44.010
Purpose.
17.44.020
Applicability.
17.44.030
General provisions.
17.44.040
Definitions.
17.44.050
Fee schedule.
17.44.060
Building and structure valuation.
17.44.070
Consultant Costs.
17.44.080
Advanced deposit for consultant services.
17.44.090
Disputes.
Chapter 17.44
DEVELOPMENT PERMIT FEES
17.44.010 Purpose.
The purpose of this chapter is to prescribe reasonable fees and fee collection to cover the
cost of services associated with the processing of development applications, inspecting, and
reviewing plans, and conducting environmental review.
17.44.020 Applicability.
Development permit fees shall compensate the City for building, engineering and land use
services associated with the processing, review and inspection of:
A. Residential and commercial building permit applications;
B. Grading and drainage permit applications;
C. Right-of-way permits;
D. Tree removal permits;
E. Shoreline permit applications and exemptions;
F. State Environmental Policy Act (SEPA) compliance;
G. Critical areas review;
H. Preliminary and final subdivisions and short subdivisions;
I. Lot line adjustments;
J. Variances and minor deviations, conditional and special use permits, zone
reclassifications, temporary use permits;
K. Site plan review;
L. Code of conduct and tailored construction mitigation plans;
M. Amendments to the comprehensive plan or shoreline master program;
N. Code amendments and amendments to the Official Zoning Map;
O. Other project -permits listed in the tables set forth in MMC 20.80.060; and
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Final ITEM CA-5
1 P. Other permits or approvals that reference this chapter.
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3 17.44.030 General provisions.
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5 A. The City manager or designee may establish administrative rules to implement the
6 provisions of this chapter.
7 B. Fees are due and payable at the time of application for services or the due date stated
8 on the City's invoice.
9 C. A late penalty payment equal to one percent of the delinquent unpaid balance,
10 compounded monthly, may be assessed on any delinquent unpaid balance.
11 D. Unless otherwise required by law, development permit and environmental review fees
12 shall be assessed at the fee rate in effect at the time the fee is collected.
13 E. Administrative fees are not refundable. Other service fees are refundable in proportion
14 to the amount of work performed as of the date an application is withdrawn by an
15 applicant.
16 F. Whenever a planning, building or engineering plan review or inspection results in more
17 than one correction notice, second and subsequent corrections shall be charged a fee
18 for additional services at an hourly rates established by the fee schedule.
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20 17.44.040 Definitions.
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22 A. Words in this chapter used in the singular shall include the plural, and the plural shall
23 include the singular, unless the context clearly indicates otherwise.
24 B. The following definitions apply to this chapter and they should be used in conjunction
25 with other definitions found in title 17 and title 20 MMC. However, these definitions are
26 not intended to replace or alter similar definitions found elsewhere within the Medina
27 Municipal Code except where specifically applied to the provisions of this chapter.
28 1. "Development permits" means all permits and associated approvals administered by
29 the City associated with development.
30 2. "Environmental review" means all reviews administered pursuant to chapter 43.21
31 RCW and chapter 18.04 MMC.
32 3. "Permit fee" means a payment of money imposed upon development as a condition
33 of application for or approval of development to cover the costs of processing
34 applications, inspecting and reviewing plans or other information required to be
35 submitted for purpose of evaluating an application, or inspecting or monitoring
36 development activity.
37 4. "Profit" means the value difference in what a building or structure is worth as a result
38 of improvements made to the building or structure, and the cost of replacement of
39 the building or structure. For the purpose of this chapter "profit" shall be an estimate.
40 5. "Valuation" means the determination of value made by the building official or
41 designee of the total work, including materials, labor, overhead and profits for which
42 a permit is issued, such as electrical, gas, mechanical, plumbing equipment and
43 permanent systems.
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45 17.44.050 Fee schedule.
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47 A. Development permit fees shall be set in a manner to reasonably cover as close as
48 possible the actual cost of providing the services prescribed in MMC 17.44.020. This
49 shall include consultant costs.
50 B. Authority is delegated to the City manager or designee to establish a fee schedule and
51 to increase or decrease fees consistent with the provisions of this chapter to
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compensate the City for services related to development and conducting environmental
review.
C. The fee schedule and any modifications thereto shall be submitted to the City Council for
consideration. The City Council may approve, reject or modify the proposed fee
schedule or any modifications thereto.
17.44.060 Building and structure valuation.
Fees for the review of buildings and structures, including additions and modifications, shall
be calculated using the fee rate table adopted in the fee schedule pursuant to MMC
17.44.050 and the following methods of determining permit valuation:
A. Valuation for new construction and/ or additions for Group R, Division 3 Occupancy
(Residential one- and two-family) shall be based on the following table, except as
provided in MMC 17.44.060(B):
Table 17.44.060(A) Valuation Table
Range for Value per Square Foot
Middle
Lower
Main Floor Area
$336
$250
Upper Floor Area
$336
$250
Lower Floor Area
$336
$250
Storage/ Unconditioned
Garage Area
$125
$105
Unfinished Space
$323
$227
Finished Basement Area
$359
$283
Porch Area — Uncovered
$76
$71
Porch Area— Covered
$160
$145
Decking Area — Uncovered
$35
$ 2 555
Decking Area — Covered
$100
$75
1. The applicable value shall be applied based on the type of construction and work
being performed.
2. The building official must approve which value in the table to apply in calculating
valuation.
B. When a permit for Group R, Division 3 Occupancy (Residential one- and two-family) new
construction or addition has a valuation greater than $2.5 million, it shall have the
valuation determined pursuant to MMC 17.44.060(C).
C. For those items not covered by the valuation table in MMC 17.44.060(A), including all
areas of remodel, the valuation shall be determined by the applicant providing an
estimate value at the time of application. All fair -market value for labor and materials,
equipment; architectural and engineering design work, contractor management
expenses, agent administration expenses, profit, and overhead necessary to complete
the project shall be included in the estimate. Sales tax and permit fees shall not be
included.
D. Final valuation shall be set by the building official consistent with the provisions of this
chapter. If, in the opinion of the building official, the valuation provided by the applicant
is underestimated on the application, or if subsequently the application is changed in a
manner that significantly affects valuation, the building official may require a detailed
estimate, or may require a new valuation estimate that must be approved by the building
official.
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Final
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E.
Permit fees based on valuation shall use final valuation for assessing fees to be paid.
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17.44.070 Consultant Costs.
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In
addition to City staff, the City utilizes the services of consultants in the processing of
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development applications, inspecting, and reviewing plans, and conducting environmental
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review.
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A.
When referred to in the fee schedule, consulting costs shall include all costs incurred by
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the city for services for consultants retained by the City in relation to permits.
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Costs shall include the hourly cost to the City for the consultants' services plus any
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administrative costs and incidental costs associated with the consultant's services.
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C.
Consultant costs may also include those costs incurred when an applicant requests a
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pre -development meeting, or when requesting assistance in clarifying the status or
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permitted use of property or easement.
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D.
The general provisions set forth in MMC 17.44.030 for development fees shall apply to
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consultant costs where applicable.
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17.44.080 Advanced deposit for consultant services.
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The City may require an applicant to pay in advance a deposit for consultant services.
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The City shall, within a reasonable time, provide to the applicant the fee estimate for
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consultant services upon which the deposit will be based.
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The deposit shall not exceed 100 percent of the total actual or estimated cost of the
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review and inspection of a permit application.
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The City may withdraw funds from the deposit to compensate for the cost of consultant
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services as those consultant costs are incurred by the City.
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The City may require the applicant to provide additional payments to the deposit
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whenever the cost to complete review and inspection on a permit is anticipated to
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exceed the available funds in the deposit. The provision set forth in MMC 17.44.080(C)
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shall apply to subsequent payments.
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The City may refuse to issue or continue processing any permit, or perform any
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inspection, if a requested deposit payment remains unpaid.
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The City shall not be obligated to pay interest on deposits. Any unspent funds remaining
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after all permits and approval on a project are final shall be refunded to the applicant.
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17.44.090 Disputes.
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An applicant disputing a fee estimate or the payment of fees shall first attempt to resolve
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the matter with the City manager or designee. The applicant shall submit the dispute in
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writing and the City manager or designee shall issue a decision on the dispute in writing.
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If the applicant is aggrieved by the City manager or designee's decision, they may
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appeal the decision to the hearing examiner pursuant to MMC 20.80.220.
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The burden is on the applicant to demonstrate that the fee estimate or estimate revision
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is unreasonable. The hearing examiner shall affirm the City manager or designee's
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decision unless the examiner determines that the decision was unreasonable.
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If the hearing examiner determines the fee estimate or payment of certain fees was
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unreasonable, the hearing examiner may modify the fee estimate, or provide other relief
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as reasonably necessary. The hearing examiner's decision is final.
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If the hearing examiner determines that the applicant is the substantial prevailing party,
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the City shall refund the appeal fee.
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F. An appeal of fee under this chapter shall be limited only to the City's application of
permit fees to the applicant's permit and approval. An applicant may not challenge in an
appeal under this chapter the permit fees as adopted in the fee schedule, or any other
code requirements.
Section 3. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of any other section, sentence,
clause, or phrase of this ordinance.
Section 4. Effective Date. This ordinance shall take effect immediately upon City
Council approval of the next fee schedule amending the 2009 fee schedule.
PASSED BY THE CITY COUNCIL ON THIS DAY OF , 2010 AND
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE _ DAY OF ,
2010.
Approved as to form:
, City Attorney
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Mayor Bret Jordan
Attest:
Rachel Baker, City Clerk
ITEM CA-6
MEDINA CITY COUNCIL MEETING AGENDA BILL
Subject/Title: Set 2010 July and August Study Session dates and times
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Donna Hanson
BACKGROUND/SUMMARY:
With Council vacation schedules the most efficient time to schedule study sessions in July and August
will be 5:00 pm on July 12th and August 9th prior to the regular 6:30 Council meetings.
BUDGET/FISCAL IMPACT: NA
STAFF RECOMMENDATION: Approval
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: " I MOVE TO SET COUNCIL STUDY SESSIONS AT 5:00PM ON JULY 12T" AND
AUGUST 9T" PRIOR TO THE REGULAR 6:30 COUNCIL MEETINGS."
ITEM CA-7
AGENDA BILL
MEDINA CITY COUNCIL JUNE 14, 2010
SUBJECT/TITLE.. Interlocal Project Services Agreements with WSDOT for SR 520 Eastside
Transit and HOV Proiect
CATEGORY:
X Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Joe Willis Sr.
BACKGROUND/SUMMARY:
The SR 520 Medina to SR 202, Eastside Transit and HOV Project received funding approval from the
State Legislature this year. The project will move forward to design and construction using the design -
build method of project delivery. The design -build method of delivery moves faster than a typical
design -bid -build method and therefore requires expedited agency reviews and permitting. WSDOT has
already advertised for proposals from design/build contractors, has narrowed the selection to four
teams, and expects to conduct interviews for final selection of the most qualified contractor team by the
end of 2010. Design/Construction is anticipated to begin in 2011 and extend through 2014.
WSDOT has requested that the City participate with the State in the Design/Build program for
completion of this SR 520 Eastside, Medina to SR 202 Transit and HOV Project. Each of the Points
Communities has received this request. WSDOT recognized that each City/Town has limited resources
to commit to this effort and therefore to facilitate reimbursement of City/Town staff time prior to the
selection of the Design/Build Contractor, the State has proposed Project Services Agreements for each
Municipality (GCA 6528 for the City of Medina).
Interlocal Project Services Agreement GCA 6528 provides for City of Medina staff/consultant direct cost
reimbursement for attending meetings beginning on April 1, 2010 to develop the following agreements:
1. Agreement to provide technical assistance and guiding requirements for the Design/Build
Contractor
2. A cooperative agreement for participation in the design and construction phases of the project
3. Memorandum of Understanding to define roles and responsibilities for maintenance of project
elements (such as the completed freeway lid at Evergreen Point Road) as they are completed.
The budget for this interlocal agreement is currently set at $ 25,000. Should the effort require a larger
budget amount, WSDOT program management has agreed to increase the amount.
ATTACHMENTS:
PROJECT SERVICES AGREEMENT GCA 6528
BUDGET/FISCAL IMPACT: $25,000 to be reimbursed to City by WSDOT
STAFF RECOMMENDATION: Approve Project Services Agreement GCA 6528
CITY MANAGER REVIEW:`
PROPOSED COUNCIL MOTION: "I move to approve Project Services Agreement GCA 6528 for the
SR 520, Medina to SR 202, Transit and HOV Project and
authorize the City Manager to sign the agreement."
ITEM CA-7
GCA 6528
PROJECT SERVICES AGREEMENT
for
SR 520, MEDINA TO SR 202, TRANSIT AND HOV PROJECT
THIS AGREEMENT is entered into by the City of Medina , hereinafter the "CITY," and the
STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION, acting by and
through the Secretary of the Department of Transportation, hereinafter the "STATE," collectively
the "PARTIES" and individually the "PARTY."
WHEREAS, the STATE, in the interest of improving safety, reliability and mobility, proposes
to design and construct improvements along SR 520 from I-5 to SR 202 as part of the SR 520
Bridge Replacement and HOV Program, hereinafter the "PROGRAM;" and
WHEREAS, the PROGRAM consists of four independent but coordinated projects the STATE
will perform (Projects); and
WHEREAS, the PARTIES recognize the PROGRAM may impact existing CITY facilities; and
WHEREAS, one of the four independent Projects entitled "SR 520, Medina to SR 202, Transit
and HOV Project", hereinafter the "PROJECT", involves reconstruction of some existing CITY
facilities and the construction of lids across SR 520 limited access at Evergreen Point Way, 84d'
Avenue Northeast, and 92nd Avenue Northeast; and
WHEREAS, the STATE and the CITY recognize that meaningful consideration of public needs
and perspective in planning, design, community outreach, operations and maintenance, and
construction of the lids are essential to the success of the PROJECT; and
WHEREAS, the State agrees that reimbursing the CITY for staff time spent reviewing and
providing input in the planning, design, and construction of the reconstructed CITY facilities and
lids will expedite CITY processes, thereby minimizing delay and costs to the PROJECT; and
WHEREAS, the STATE is currently advancing the PROJECT using the design -build delivery
method; and,
WHEREAS, due to the compressed scheduling requirements of the PROJECT, this
AGREEMENT ratifies the advance authorization given by the STATE for the CITY to begin
review and technical coordination activities for the PROJECT design on April 1, 2010; and
NOW, THEREFORE, pursuant to RCW 47.28.140, and in consideration of the terms,
conditions, covenants, and performances contained herein, or attached and incorporated and
made a part hereof;
IT IS MUTUALLY AGREED AS FOLLOWS:
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ITEM CA-7
L GENERAL
1.1 The overall purpose of this Agreement is to define the scope of CITY support services,
hereinafter "Services", for the PROJECT that shall be eligible for cost reimbursement by the
STATE. These Services are further defined in Exhibit A, attached hereto and by this reference
made a part of this Agreement.
1.2 Insofar as allowable under laws and regulations applicable to the PROJECT, the CITY
agrees to expedite CITY processes by providing resources that provide the Services, thereby
serving the greatest benefit to the public.
1.3 All CITY Services governed by this Agreement shall be performed in accordance with
the professional standards of performance customarily utilized by the CITY.
1.4 The STATE will provide the CITY a detailed schedule for Services to be provided by the
CITY, and a list of meetings which the STATE will request the CITY to attend. The STATE
will endeavor to provide the CITY with the schedule and agenda for each meeting one week
prior to the meeting date. The agenda for each meeting will identify the issues and items to be
discussed at each meeting. The STATE will provide a written summary of said meetings,
including decisions and action items identified at the meeting, to the CITY within five business
days following each meeting. The CITY will have five business days after receipt of each
written meeting summary to review said summaries and provide comments to the STATE.
1.5 The STATE will monitor the time and expenditures required to complete the Services to
ensure the Services are provided as established in this Agreement. The CITY will submit
monthly progress updates to the STATE, and the STATE will use these monthly updates to
evaluate CITY's performance of the Services. The STATE reserves the right to dispute CITY's
faithful execution of Services in accordance with Section 4 of this Agreement or request changes
in the Services in accordance with Section 3 if the intended benefit of Section 1.2 is not being
realized by the STATE.
2. PAYMENT
2.1 The STATE, in recognition of the faithful performance of the Services performed by the
CITY, including consultant costs associated with performance of the Services, agrees to
reimburse the CITY for the actual direct and related indirect costs of the work, not to exceed a
maximum payable amount of $ 25,000.00.
2.2 An estimate of costs for the Services, marked Exhibit B, is attached hereto and by this
reference made a part of this Agreement.
2.3 The PARTIES agree that the invoiced costs shall not include costs for overhead pursuant
to reciprocal agreement OH 00079.
2.4 Partial payments shall be made by the STATE upon request from the CITY, to cover
CITY costs incurred associated with performance of the Services. These payments are not to be
GCA 6528 Page 2 of 6
ITEM CA-7
more frequent than one (1) per month. It is agreed that any payment will not constitute
agreement as to the appropriateness of any item or invoice and that, at the time of final audit, all
required adjustments will be made and reflected in a final payment.
2.5 The CITY shall submit itemized invoices for partial payment. The invoices shall
substantially conform to the invoice template shown in Exhibit C, attached hereto and by this
reference made a part of this Agreement.
2.6 The STATE agrees to make payment for Services completed by the CITY within thirty
(30) calendar days from the date the invoice is received by the STATE.
2.7 CITY invoices must be signed by an authorized representative of the CITY who shall
verify that the invoice is accurate, the Services have been performed, and that the costs shown
have been reasonably incurred in accordance with this Agreement.
2.8 The CITY agrees to submit a final invoice to the STATE within forty five (45) calendar
days after CITY has completed the Services or this agreement is terminated, whichever comes
first.
3. AMENDMENT
3.1 Either PARTY may request changes to the provisions contained in this Agreement. Such
changes shall be mutually agreed upon and incorporated by written amendment to this
Agreement. No variation or alteration of the terms of this Agreement shall be valid unless made
in writing and signed by authorized representatives of the PARTIES hereto.
4. DISPUTES
4.1 The CITY and the STATE shall make good faith efforts to quickly and collaboratively
resolve any dispute arising under or in connection with this Agreement. The dispute resolution
process outlined in this Article applies to disputes arising under or in connection with the terms
of this Agreement.
4.2 Informal Resolution. The informal resolution process begins at the staff level and is
raised to the higher organizational levels, if necessary. The levels of resolution are
described below:
4.2.1 The CITY's Director of Public Works and the STATE's Project Engineer, as
identified in Section 6.1 herein, shall jointly cooperate to informally resolve any
disputes as quickly and efficiently as possible.
4.2.2 If unresolved, the CITY's Manager and the STATE's Engineering Manager shall
jointly cooperate to informally resolve any dispute as quickly and efficiently as
possible.
4.2.3 If the dispute cannot be resolved at any of the levels described above, the CITY's
Manager and the STATE's Program Director shall notify each other in writing of
any dispute needing resolution. At which time the PARTIES, shall identify and
GCA 6528 Page 3 of 6
ITEM CA-7
define a process and timeline to reach reasonable and prudent resolution as quickly
and efficiently as possible to the dispute.
4.3 In the event that the STATE and the CITY still are unable to resolve the dispute, the
PARTIES shall submit the matter to non -binding mediation facilitated by a mutually agreed
upon, mediator. The PARTIES shall share equally in the cost of the mediator.
4.4 Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the PROJECT.
4.5 The STATE and the CITY agree that they shall have no right to seek relief in a court of
law until and unless the Dispute Resolution process has been exhausted.
5. EFFECTIVENESS AND DURATION
5.1 The work under this AGREEMENT was authorized to begin on April 1, 2010, per verbal
authorization from Julie Meredith, SR 520 Project Director, and will remain in effect until
December 31, 2010, unless otherwise amended or terminated. Prior to its expiration, this
Agreement can be extended through a written amendment in accordance with Section 3 of this
Agreement.
6. NOTIFICATION
6.1 Any notice required or permitted to be given pursuant to this Agreement shall be in
writing, and shall be sent postage prepaid by U.S. Mail, return receipt requested, to the following
addresses unless another method of notification is agreed upon by the PARTIES in writing:
To the STATE: Daniel Babuca, SR 520 Engineering Manager
Washington State Department of Transportation
SR 520 Program
Plaza 600 Building
600 Stewart Street, Suite 520
Seattle, WA 98101-1217
Phone: (206) 770-3545
To the CITY:
PO Box 144
Medina, WA 98039
(425)233-6400
dhanson@medina-wa.gov
Email: babucad@wsdot.wa.gov
Donna Hanson, City Manager
All notifications or contact shall include reference to agreement number GCA 6528.
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ITEM CA-7
6.2 From time to time, PARTY contacts change. Any change to a PARTY's representative
identified in Section 6.1 shall be provided to the other PARTY by electronic mail notification.
The PARTY in receipt of the change will confirm receipt of the change by electronic mail
notification to the initiating PARTY.
7. TERMINATION
7.1 This Agreement may be terminated by either PARTY upon 30 days advanced written
notice. In the event of termination, payment will be made to the CITY for work completed and
billed as of the effective date of termination.
8. NONDISCRIMINATION
8.1 The PARTIES agree to comply with all applicable Washington State and federal laws,
rules, and regulations pertaining to nondiscrimination and agrees to require the same of all
contractors, consultants, and subcontractors providing Services or performing any work using
funds provided under this Agreement.
9. RECORDS RETENTION AND AUDIT
9.1 During the term of this Agreement and for a period not less than six (6) years from the
date of final payment by the STATE, the records and accounts pertaining to the Services
provided by the CITY and accounting therefore are to be kept available for inspection and audit
by Washington State and/or the federal government and copies of all records, accounts,
documents, or other data pertaining to the Services provided by the CITY will be furnished upon
request. If any litigation, claim, or audit is commenced, the records and accounts along with
supporting documentation shall be retained until said litigation, claim, or audit finding has been
resolved even though such litigation, claim, or audit continues past the six- (6-) year retention
period.
10. INDEMNIFICATION AND HOLD HARMLESS
10.1 Each PARTY shall protect, defend, indemnify, and save harmless the other PARTY, its
officers, officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in
any way resulting from any acts or omissions, or intentional misconduct of the indemnifying
PARTY. Neither PARTY will be required to indemnify, defend, or save harmless the other
PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole
negligence of the indemnified PARTY. Where such claims, suits, or actions result from the
concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid
and enforceable only to the extent of the indemnifying PARTY's own negligence.
10.2 Each of the PARTIES agrees that its obligations under this subparagraph extend to any
claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents.
For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to
the other PARTY only, any immunity that would otherwise be available against such claims
under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the
GCA 6528 Page 5 of 6
ITEM CA-7
provisions of this Article, the prevailing PARTY shall be entitled to recover its reasonable
attorney's fees and costs incurred from the other PARTY. The obligations of this Article shall
survive termination of this Agreement.
11. VENUE
11.1 This Agreement shall be deemed to be made in the County of King, State of Washington,
and the legal rights and obligations of the STATE and CITY shall be determined in accordance
with the laws of the State of Washington. All legal actions in connection with this Agreement
shall be brought in the superior court situated in the County of King, State of Washington.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the latest
date written below.
CITY OF MEDINA STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
Donna Hanson
City Manager
Date
Exhibits:
Exhibit A
Scope of Services
Exhibit B
Estimated Cost of Services
Exhibit C
Invoice Template
Julie Meredith. P.E.
Director
SR 520 Program
Date
Elizabeth Lagerberg
Assistant Attorney General
Date
GCA 6528 Page 6 of 6
ITEM CA-7
GCA 6495
Washington State Department of Transportation (WSDOT)
and the City of Medina
COOPERATIVE AGREEMENT
For DESIGN and CONSTRUCTION of the
SR 520 MEDINA TO SR 202: EASTSIDE TRANSIT AND HOV PROJECT
THIS AGREEMENT for Design and Construction of the SR 520 Medina to SR 202:
Eastside Transit and HOV Project (the "AGREEMENT") is made and entered into by the City of
Medina (the "CITY") and the STATE OF WASHINGTON, DEPARTMENT OF
TRANSPORTATION (the "STATE"), collectively referred to as the "PARTIES" and
individually referred to as "PARTY."
WHEREAS, the STATE, in the interest of providing transit capacity and mobility
improvements in the SR 520 Corridor, proposes improvements along SR 520 within the CITY in
a project known as the SR 520 Medina to SR 202: Eastside Transit and HOV Project (the
"PROJECT"); and
WHEREAS, the proposed PROJECT will require the STATE to perform certain work on
the CITY's facilities; and
WHEREAS, the STATE, having secured funding for the PROJECT, is willing to
undertake the construction of said PROJECT; and
WHEREAS, the STATE will construct the PROJECT using the design -build method of
project delivery; and
WHEREAS, the design -build method of project delivery is flexible and allows for the
development and finalization of the design after the contract is awarded, unlike the typical
design -bid -build method of project delivery; and
WHEREAS, the PARTIES have worked together on the preparation of the technical
requirements in the Request for Proposal (RFP) for the design -build contract; and
WHEREAS, the design of project elements in the design -build method of project
delivery moves faster than in the typical design -bid -build method of project delivery; therefore,
expedited CITY review of the design elements will be required; and
WHEREAS, the PARTIES understand that the PROJECT design will be finalized after
the contract is awarded; and
WHEREAS, the PARTIES desire this AGREEMENT to define their roles and
responsibilities related to design and construction of the PROJECT; and
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GCA 6495 Cooperative Agreement for the Design and Construction of the
SR 520 Medina to SR 202: Eastside Transit and HOV Project
ITEM CA-7
WHEREAS, the PARTIES recognize that future supplements or amendments to this
AGREEMENT, or other new agreements, may be necessary to record final design decisions and
define cost estimates related to the design, construction, and maintenance of the PROJECT.
NOW, THEREFORE, by virtue of Revised Code of Washington (RCW) 47.28.140 and
in consideration of the terms, conditions, covenants, and performances contained herein, or
attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS
FOLLOWS:
1.0 GENERAL
1.1 The STATE will construct the PROJECT improvements along the SR 520 Corridor, the
general limits of which are described in Exhibit A and shown in Exhibit B, attached
hereto and by this reference made part of this AGREEMENT.
1.2 The PARTIES have had ongoing discussions that have resulted in many design decisions
for elements within the PROJECT. Those elements are incorporated into this
AGREEMENT, its supplements, and/or amendments, or will be incorporated into
contract or other related agreements for this PROJECT.
2.0 ROLES
2.1 The PARTIES acknowledge that the STATE will enter into future contractual
agreement(s) with a design -build contractor (the "DESIGN -BUILDER") for final design
and construction of the PROJECT.
2.2 The STATE agrees to encourage a partnering session including STATE staff, CITY staff,
and the STATE's DESIGN -BUILDER staff to review coordination processes and to
determine the need for, or frequency of, continuing coordination meetings.
2.3 The PARTIES agree to fund, and be fully responsible for, their own respective costs
associated with staff time necessary to fulfill their roles and responsibilities as identified
in this AGREEMENT, except in the following case.
2.3.1 The STATE agrees to fund CITY project coordination activities for the length of this
AGREEMENT through a CITY Project Coordinator.
2.3.2 The CITY Project Coordinator will serve as the CITY's PROJECT liaison,
responsible for expediting CITY review of PROJECT submittals, beginning with the
PROJECT's Notice to Proceed to the STATE's DESIGN -BUILDER.
2.3.3 The STATE shall only fund those hours worked by the CITY Project Coordinator for
coordination activities associated with the PROJECT.
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2.3.4 The PARTIES will enter into a separate agreement outlining the details related to the
scope of work and reimbursement for the CITY Project Coordinator.
2.4 The STATE shall track all CITY communication requests related to the PROJECT.
2.5 The CITY Project Coordinator will be responsible for facilitating all PROJECT -related
communication between the STATE and CITY staff as well as expediting CITY review
of all PROJECT -related submittals. This coordination of efforts with the STATE will
take place via the STATE's SR 520 Project Engineer.
2.6 The STATE's SR 520 Project Engineer, or his/her designee, will be responsible for
facilitating all PROJECT -related communication between the CITY Project Coordinator
and STATE staff as well as providing PROJECT -related submittals to the CITY Project
Coordinator. This coordination of efforts with the CITY will take place via the CITY
Project Coordinator.
2.7 The STATE agrees to make presentations to the CITY when requested to do so by the
CITY.
3.0 CITY REVIEW AND COMMENT ON PROJECT ELEMENTS
3.1 The STATE will provide the CITY with one (1) electronic copy of documents for review
and comment by the CITY on PROJECT elements.
3.1.1 PROJECT elements include, but are not limited to, design of CITY streets and other
associated CITY roadway elements, streetlights along CITY roadways, CITY
utilities, noise variance requests within the CITY limits, and right of way use permits
within the CITY limits.
3.1.2 The CITY's review of these elements will be limited to conformance with applicable
CITY design standards, standard plans, codes, and policies as of the PROJECT's RFP
issue date.
3.2 The STATE will review all submittals from its DESIGN -BUILDER for completeness
and compliance with contract requirements prior to forwarding them to the CITY's
Project Coordinator for review.
3.3 The STATE will work with its DESIGN -BUILDER to give the CITY as much advance
notice of upcoming submittals as possible.
3.4 The PARTIES recognize the importance of timeliness in reviews, avoidance of delays,
and minimizing costs for the PROJECT, as well as the mutual benefit provided in
shortening plan and proposal review times. To that end, the CITY commits to reviewing
and returning submittals within a maximum of seven (7) calendar days, except for traffic
control and detour plans as described in Section 6.0.
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GCA 6495 Cooperative Agreement for the Design and Construction of the
SR 520 Medina to SR 202: Eastside Transit and HOV Project
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3.4.1 The CITY shall review each permit submittal by the STATE's DESIGN -BUILDER
and return it to the STATE within a maximum of seven (7) calendar days after receipt
of each submittal, except for certain permits and review periods defined in CITY code
and other exceptions outlined in Section 3.4, and will indicate either "approved,"
"approved with comments," or "not approved, contractor to revise and resubmit."
3.4.2 In the case of infrequent circumstances, such as CITY emergencies and extreme and
unusual weather conditions affecting the CITY's ability to perform normal functions,
or receipt of project submittals of unusual volume, complexity, or unexpected or
controversial content, the PARTIES recognize the challenge the CITY may have to
review and return submittals within the allotted review period.
3.4.3 The PARTIES agree that additional review days may be allowed if there is no created
delay or cost increase for the PROJECT. In these cases, the CITY will be responsible
for requesting additional review time from the STATE and articulating the cause for
delay and specific additional calendar days needed for the review.
3.4.3.1 The STATE will review the extended period.: request for consequences to the
design -build contract requirements, schedule, and cost.
3.4.3.2 The STATE will approve to extensions if there is no risk created to the design -
build contract.
4.0 DESIGN OF ELEMENTS WITHIN CITY JURISDICTION
4.1 All plans for the PROJECT will follow the STATE's Plans Preparation Manual. All
facilities will use STATE design standards, except plans that include work within CITY
right of way or in areas to be tumed back to the CITY, will use standards shown in the
Local Agency Guidelines (LAG) Manual.
4.2 Street /park improvements and project commitments are outlined in Exhibits C and D,
respectively, attached hereto and by this reference made part of this AGREEMENT.
4.3 The PARTIES agree that the aesthetic treatments will conform to the SR 520 Urban
Design Criteria Guidelines for the SR 520 Medina to SR 202: Eastside Transit and HOV
Project (the "UDC"), incorporated into this AGREEMENT by this reference. This
includes, but is not limited to, lid designs.
4.4 If the STATE's DESIGN -BUILDER proposes a design change to an existing CITY
facility such as a CITY street, sidewalk, trail, streetlight, or traffic signal, the STATE
agrees to present the change to the CITY for review and approval.
4.5 If the CITY proposes a change to an existing CITY facility within the PROJECT limits,
the CITY shall request a meeting through the STATE's SR520 Project Engineer.
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GCA 6495 Cooperative Agreement for the Design and Construction of the
SR 520 Medina to SR 202: Eastside Transit and HOV Project
ITEM CA-7
4.5.1 The PARTIES agree to meet in a cooperative spirit to review and discuss the
proposed change.
4.5.2 If the STATE determines the proposed change to be feasible and appropriate, the
PARTIES shall negotiate the responsibilities for payment of costs associated with the
requested change based on the benefits of the proposed change to each PARTY.
4.5.3 If the PARTIES can mutually agree on payment responsibilities, the STATE will
implement the change.
4.5.4 The consideration of potential schedule delays, which may result in additional cost,
shall be of paramount importance to both PARTIES, with reducing cost as the
primary goal and acknowledged mutual benefit.'
4.6 The STATE will provide the CITY with plans for review of any proposed changes to the
CITY facilities identified in Section 4.0 for review. These reviews will be conducted in
accordance with Section 3.0 of this AGREEMENT.
5.0 CITY OWNED UTILITIES
5.1 Any protection or relocation of CITY utilities required by the construction of the
PROJECT will be covered under a separate,. agreement.
6.0 TRAFFIC CONTROL AND DETOUR PLAN APPROVAL PROCESS ON CITY
STREETS
6.1 The STATE, working with its DESIGN -BUILDER, shall submit proposed road closures,
detours, and traffic control plans involving CITY streets to the CITY for approval at least
fourteen (14) calendar days prior to the approval date needed for proposed closures, as
stated in the Management of Traffic (MOT) section of the PROJECT's RFP. The CITY
shall review each submittal and return it to the STATE within seven (7) calendar days
after receipt of plans, indicating either "approved," "approved with comments," or "not
approved, contractor to revise and resubmit."
6.2 The STATE, working cooperatively with the CITY, will develop time and date
restrictions on detours, road closures, and sidewalk closures for inclusion in the
PROJECT's RFP.
7.0 WORK WITHIN CITY RIGHT OF WAY OR IN AREAS TO BE TURNED BACK
TO THE CITY
7.1 The STATE, working with its DESIGN -BUILDER, will notify the CITY fourteen (14)
calendar days in advance of any work within the CITY right of way or in areas defined as
being turned back to the CITY at the completion of the PROJECT.
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7.2 The CITY may provide an inspector, at the CITY's expense, to ensure compliance with
CITY requirements for CITY owned elements of the PROJECT located within CITY
owned right of way or in areas defined as being turned back to the CITY at the
completion of the PROJECT.
7.2.1 The CITY inspector shall notify the STATE of any work that does not conform with
the PROJECT construction contract as soon as the non -conforming issue is known.
7.2.2 The CITY inspector shall communicate with the STATE's DESIGN -BUILDER
through the STATE's SR 520 Project Engineer and will follow the STATE DESIGN-
BUILDER's protocols when visiting the PROJECT site.
8.0 PERMITS
8.1 The STATE, and/or its DESIGN -BUILDER, shall apply for and obtain all necessary
permits for work within the CITY's jurisdiction, including, but not limited to, the
following.
8.1.1 Noise Exemption approvals
8.1.2 Right of way use permits, which includes all road construction work within the
CITY's right of way, including but not limited to, review of proposed road closures,
haul routes, and design and construction of local road sidewalks, curbs, driveway
curb cuts, pavement sections, temporary construction agreements, and easements.
8.2 The CITY's Project Coordinator will work with the STATE and/or its DESIGN -
BUILDER to process all applications for permits necessary for PROJECT work within
the CITY's jurisdiction.
9.0 DISPUTES
9.1 In the event that issues arise that are not addressed in this AGREEMENT, the PARTIES
agree to work collaboratively to resolve disputes promptly and at the lowest
organizational level.
9.2 The CITY's Project Coordinator and the STATE's SR 520 Project Engineer shall jointly
cooperate to informally resolve any disputes as quickly and efficiently as possible. If the
issue cannot be resolved at this level, the STATE's SR 520 Design -Build Manager and
the CITY's Manager shall jointly cooperate to informally resolve any disputes as quickly
and efficiently as possible.
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GCA 6495 Cooperative Agreement for the Design and Construction of the
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ITEM CA-7
10.0 INDEMNIFICATION AND HOLD HARMLESS
10.1 Each PARTY shall protect, defend, indemnify, and save harmless the other PARTY, its
officers, officials, employees, and agents, while acting within the scope of their
employment as such, from any and all costs, claims, judgments, and/or awards of
damages (both to persons and/or property), arising out of, or in any way resulting from,
each of the PARTIES' own negligent acts or omissions. No PARTY will be required to
indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for
injuries, death, or damages (both to persons and/or property) is caused by the sole
negligence of the other PARTY, its officers, officials, employees, and agents, while
acting within the scope of their employment as such. Where such claims, suits, or actions
result from the concurrent negligence of the PARTIES, the indemnity provided herein
shall be valid and enforceable only to the extent of a PARTY' S own negligence.
10.2 The STATE and the CITY agree that their obligations under this Section extend to any
claim, demand, and/or cause of action brought by, or on behalf of, any of its employees
or agents. For this purpose, the PARTIES, by mutual negotiation, hereby waive, with
respect to the other PARTY only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW.
10.3 In the event either PARTY incurs any judgment, award, and/or cost arising herefrom,
including attorneys' fees, to enforce the provisions of this Section, all such fees,
expenses, and costs shall be recoverable from the other PARTY.
10.4 This indemnification and waiver shall survive the termination of this AGREEMENT.
11.0 AMENDMENT
11.1 Either PARTY may request modifications to this AGREEMENT.
11.1.1 Such modifications shall be mutually agreed upon by written amendments and/or
supplements to this AGREEMENT.
11.1.2 No variation or alteration of the terms of this AGREEMENT shall be valid unless
made in writing and signed by authorized representative of each PARTY.
12.0 ALL WRITINGS CONTAINED HEREIN
12.1 This AGREEMENT contains all the terms and conditions agreed upon by the PARTIES
to this AGREEMENT.
12.2 No other understanding, oral or otherwise, regarding the subject matter of this
AGREEMENT shall be deemed to exist or to bind any of the PARTIES hereto.
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ITEM CA-7
13.0 GOVERNANCE
13.1 This AGREEMENT is entered into pursuant to, and under the authority granted by, the
laws of the State of Washington and applicable federal laws.
13.2 The provisions of this AGREEMENT shall be construed to conform to those laws.
14.0 EFFECTIVENESS AND DURATION
14.1 This AGREEMENT is effective upon execution by both PARTIES and shall remain in
effect through the design and construction of the PROJECT.
15.0 SEVERABILITY
15.1 If any provision of this AGREEMENT, or any provision of any document incorporated
by reference, shall be held invalid, such invalidity shall not affect the other provisions of
this AGREEMENT that can be given effect without the invalid provision, if such
remainder conforms to the requirements of applicable law and the fundamental purpose
of this AGREEMENT, and to this end the provisions of this AGREEMENT are declared
to be severable.
16.0 TERMINATION
16.1 This AGREEMENT may be terminated by either PARTY with sixty (60) calendar days'
notice and the written mutual consent of both PARTIES.
17.0 VENUE
17.1 In the event that either PARTY deems it necessary to institute legal action or proceedings
to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree
that any such action or proceeding shall be brought in the superior court situated in King
County, Washington, and only upon exhaustion of the dispute resolution process outlined
in Section 11.0 of this AGREEMENT.
Page 8 of 9
GCA 6495 Cooperative Agreement for the Design and Construction of the
SR 520 Medina to SR 202: Eastside Transit and HOV Project
ITEM CA-7
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as
of the latest date written below:
CITY OF MEDINA
By (signature):
Donna Hanson
City Manager
Date:
APPROVED AS TO FORM:
By (print):
By (signature):
City Attorney
Date:
ATTEST:
By (print):
By (signature):
City Clerk
Date:
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By (signature):
Julie Meredith
SR 520 Project Director
Date:
APPROVED AS TO FORM:
By (Print):
By (signature):
Assistant Attorney General
Office of the Attorney General
Date:
Page 9 of 9
GCA 6495 Cooperative Agreement for the Design and Construction of the
SR 520 Medina to SR 202: Eastside Transit and HOV Project
ITEM CA-7
EXHIBIT A
GENERAL PROJECT DESCRIPTION
The PROJECT includes design and construction improvements to approximately 2.5 miles of SR
520. The primary elements of the PROJECT include the following:
• Reconstruction and reconfiguration of SR 520 from the east shore of Lake Washington at
milepost 3.98 to 108`' Avenue NE at milepost 6.43.
• Median transit stops near Evergreen Point Road (vicinity, milepost 4.25) and at 92"d
Avenue NE (vicinity milepost 5.17).
• Direct access ramps for transit and HOV lanes to/from the mainline HOV lanes at 108t''
Avenue NE.
• Reconstruction of interchanges at 84d' Avenue NE, 92"d Avenue NE, Bellevue Way NE,
and 108d' Avenue NE to accommodate transit and HOV.
• Shared -use bicycle/pedestrian trails.
• Landscaped structural lids at Evergreen Point Road, 84t'' Avenue NE, and 92" d Avenue
NE interchanges.
• Storm water treatment and detention facilities to meet current standards.
• Fish passage improvements, including several culvert replacements and stream
restoration.
Page 1 of 1
Exhibit A — General Project Description
GCA 6495 Cooperative Agreement for the Design and Construction of the
SR 520 Medina to SR 202: Eastside Transit and HOV Project
EXHIBIT B
PROJECT OVERVIEW
AkL, Kirkland ■ Redmond
Transit
N Lake Washington Center
Redmond
520
Direct transit/HOV access
at 108th Avenue NE
Median transit va�rowPoint
stops with lids south
Kirkland
Park and Ride
Improved ■ Overlake
transit merge Hunts Transit
Point Center
:HOV
eastbound
lane520
Lid
Medina Construction elements
Bellevue LLL
Page 1 of 1
Exhibit B — Project Overview
GCA 6495 Cooperative Agreement for the Design and Construction of the
SR 520 Medina to SR 202: Eastside Transit and HOV Project
EXHIBIT D
PROJECT COMMITMENTS
• Landscaped structural lids at Evergreen Point Road, 84d' Avenue NE, and 92"d Avenue
NE
• Underground utilities across each of the landscaped structural lids through the limits of
WSDOT right of way
• Relocation of Points Loop Trail and design to meet ADA criteria
• Provide new trail connection from Points Loop Trail at 92nd Avenu.-, NE to 96d' Avenue
NE
• Provide Transit Facilities in the median area at Evergreen Point Road and 92nd Avenue
NE; design to meet ADA criteria
• Reconstruct Evergreen Point Road Park and Ride lot; replace with at least the same
number spaces as existing
• Provide passenger drop-off area (Kiss and Ride) at 92nd Avenue NE
• Reconfigure 84th Avenue NE loop ramp to a half -diamond interchange
• Construct noise walls identified in the Request for Proposals conceptual plans
Page 1 of 1
Exhibit D — Project Commitments
GCA 6495 Cooperative Agreement for the Design and Construction of' the
SR 520 Medina to SR 202: Eastside Transit and HOV Project
ITEM CA-7
GCA 6528
Exhibit A
Scope of Services
The following LOCAL AGENCY Services are eligible for STATE reimbursement.
A. Invoicing
1. Preparation of monthly invoices and monthly progress updates including
budget status and description of services completed during the billing
period
B. Technical Coordination
1. Staff attendance and participation at the STATE's bi-weekly technical
coordination and agreement development meetings. The LCOAL
AGENCY shall endeavor to consolidate and limit staff attendance at these
meetings to critical personnel with relevant knowledge and expertise who
can act and provide timely input on behalf of the LOCAL AGENCY.
2. Work with the STATE to confirm design criteria and performance
requirements for inclusion in the STATE's Design -Build Request For
Proposals.
3. Update and coordination with the Mayor, City Council and City staff on
items of importance to the City.
C. Agreement Development and Review
1. Assistance in the development, review, and timely facilitation of
agreements and letters of understanding:
a. GCA for Project Services (pre design -build contract award and
execution) and Project Coordinator (post design -build contract
award and execution)
b. GCA outlining roles and responsibilities during design -build
contract
c. Memorandum of Understanding (MOU) related to maintenance
responsibilities
GCA 6528
Exhibit A
Page I of 1
ITEM CA-8
501 EVERGREEN POINT ROAD • P.O. BOX 144 • MEDINA, WA 98039-0144
TELEPHONE 425-233-6400 • FAX 425-454-8490 • www.m :dina-wa.aov
May 24, 2010
TO: Medina City Council Members
FROM: Medina City Council Personnel Sub -Committee
Mayor Bret Jordan, Council Member Doug Dicharry,
and Council Member Katie Phelps
SUBJECT: Recommendation for Appointment to Planning Commission, Position 7
Honorable Medina City Council Members,
Confirmation of the personnel committee's recommendation is requested for the appointment of
Judie O'Brien to Planning Commission Position 7, a four-year term beginning July 1 and expiring June
30, 2014.
Ms. O'Brien has occupied Planning Commission Position 7 since June 2005 when she was appointed
into a partial term which expired July 2006. She was reappointed in 2006 to the position for a full four-
year term which expires June 30, 2010. Ms. O'Brien has served as the commission's chair since
January 2008.
The position vacancy was noticed between January 6 and March 1 and reposted between March 8
and April 30. Notice was also published in the city's newsletter and on the website. Ms. O'Brien's
application was received during the recruitment period and is attached for reference. No other
applications were received during this period, however three applicants from the late 2009
recruitment have expressed interest in being considered for a position on the planning commission.
These candidates will be considered for Position 3 which expires June 30. Interviews will commence in
June and the committee's recommendation will be presented to the council in July.
ITEM CA-9
MEDINA CITY COUNCIL MEETING AGENDA BILL
Subject/Title: Teamster Office - Clerical contract amendment
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Donna Hanson
BACKGROUND/SUMMARY:
Labor contracts negotiated in 2008 included a Memorandum of Understanding that agreed to meet for
the purpose of establishing a Voluntary Employee's Beneficiary Association Trust (VEBA) for
employees in the bargaining units. A VEBA is a tax exempt benefit plan that reimburses health care
expenses and premiums. VEBAs are authorized by the IRS code section 501(c) (9). VEBA's enable
the City to make tax-free contributions on behalf of the participating employee using funds that would
otherwise be paid as taxable wages. All employee group members within a bargaining unti must
participate if the majority votes to join. The Police Guild and Public Works Teamsters chose not to not
to participate as a group, but Clerical workers as a group have chosen to negotiate for VEBA.
The proposed language is cost neutral to the City. Article 12.7 of the current contract states, "Upon
separation from employment, an employee in good standing, with a minimum of ten (10) years of
continuous service shall be reimbursed at his or her current rate of pay for twenty-five (25%) of unused
accrued sick leave up to a maximum of one hundred eighty (180) hours of pay."
The proposed language provides the same payout at termination contributed on their behalf to the
VEBA Medical Reimbursement Program as is in the current contract.
The Clerical group was scheduled to vote on this proposal on Wed. afternoon. Pending the outcome
of that vote, Council is being asked to approve the memorandum of Understanding in order to begin
deductions in June. If the bargaining unit does not approve the memo, Council will be asked to pull the
item from the agenda.
Attachments: Current contract language for Teamster's Office and Clerical Workers
Proposed VEBA Memorandum of Understanding
BUDGET/FISCAL IMPACT: NA
STAFF RECOMMENDATION: Approval
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE HRAVEBA MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MEDINA AND THE PUBLIC, PROFESSION & OFFICE —CLERICAL
EMPLOYEES LOCAL UNION No. 763
11.7 Scheduling - Vacations shall be scheduled at such times as the Employer finds
most suitable after considering the wishes of the employees and the
requirements of the department. Scheduling conflicts shall be resolved on the
basis of seniority.
ARTICLE XI1 SICK LEAVE
12.1 Accrual - Employees shall accumulate sick leave with pay at the rate of eight (8)
hours per month of service; provided however, no employee shall be accredited
with an accumulation greater than seven hundred twenty (720) hours. Employees
hired after the execution of this Agreement shall receive twelve (12) days upon
initial hire to be repaid from the first year's accrual. Leave used but not earned
shall be repaid to the Employer upon termination.
12.2 Usage - Sick leave shall be granted upon application before or within reasonable
time after the absence, depending on the circumstance of each case. Each
employee shall use sick leave solely for the purpose of bona fide illness or injury.
Utilization of sick leave for any other purpose shall be cause for disciplinary
action. The Employer may require that the employee furnish a physician's proof
of illness.
12.2.1 Sick leave may be utilized for care of dependent children eighteen (18) years or
younger living within the household in accordance with applicable state statutes.
12.3 In the event employees are absent for reasons, which are covered by State
Industrial Insurance, the Employer shall pay the employee an amount equal to
the difference between the amount paid the employee by the Department of
Labor and Industries and the amount the employee would have otherwise been
eligible to receive in sick leave. Such payment(s) to the employee shall be made
at such times as the difference is reasonably determinable. A deduction shall be
made from the employee's accumulated sick leave in accordance with the
amount paid to the employee by the Employer until such time as the employee's
accumulated sick leave is depleted.
12.4 Emergeopy Leave - In the event of death or critical illness in the employee's
Immediate family, the employee may be granted leave of absence with pay not to
exceed three (3) working days,
12.4.1 The term "Immediate family" shall be defined as spouse, and children of the
employee, and/or grandmother, grandfather, mother, father, mother-in-law,
father-in-law, sister, brother, or other relative living in the employee's household.
12.4.2 An employee may be excused by his department head to attend funeral services
of a deceased City employee without loss of pay.
AGREEMENT 2009 — 2011
CITY OF MEDTNA (Office -Clerical)
PAGE-6-
12,5 Family Leave — Pursuant to provisions of the Federal Family and Medical Leave
Act of 1993, an employee who has been employed by the City for twelve (12)
months and has worked at least 1250 hours in the past twelve (12) months is
entitled to up to twelve (12) work -weeks of unpaid leave per year to care for a
child, spouse, or parent with a serious medical condition, or for serious personal
Illness. The twelve (12) weeks may be scheduled intermittently or used through
part-time leave, when the basis for leave is medical difficulties. For purposes of
calculating leave availability, the 12-month period" is a rolling twelve (12) month
period measured backwards from the date you used any FMLA leave. The
employee will be required by the City to use accrued and unused sick leave,
vacation leave andfor compensatory time in accordance with City policy to offset
loss of pay during the leave, All sick leave use in excess of ten (10) days shall be
considered to be use of FMLA leave. At the employee's discretion, the employee
shall be allowed to maintain a balance of twenty-four (24) hours of sick leave if
they choose.
12.5.1 Leave may be taken to care for a new child by birth, adoption, or foster care, or
for a chili, spouse, or parent with a serious illness, or for personal serious illness
requiring inpatient or continuing treatment. An employee must give at least thirty
(30) days notice when planning to take the leave, except In emergencies.
12.5.2 The City will continue to contribute its portion of the medical insurance premiums
during the leave. If the employee does not return to work, the City may recover
the premiums paid during the leave unless the failure to return is beyond the
employee's control. Vacation and sick leave accruals will not continue during any
unpaid leave. Employees who return to work at the end of the twelve (12) weeks
of leave will be returned to the same or an equivalent job at the same pay,
however, employees remain subject to legitimate job changes or layoffs that
would have occurred even If they had not been on leave.
12.5.3 Under Washington State law, employees are entitled to twelve (12) weeks of
unpaid leave to care for a newborn child, in addition to time off for any period of
actual disability with pregnancy or childbirth. The City is not required to continue
to pay its portion of medical insurance beyond the twelve (12) week FMLA leave
entitlement.
12.6 Court Appearance — An employee who is required to serve on a jury or as a
result of official duties is required to appear before a Court, Legislative
Committee, or quasi-judicial body as a witness in response to a subpoena or
other directive, shall be authorized leave with pay. When summoned and serving
for jury service the Employer may, at its discretion, request that an employee be
excused or delayed from jury duty when the employee's absence would
adversely affect business needs. The employer is required to report to work at
the City following jury selection if not serving as a juror or on days when court is
In recess. The employee must complete a Leave of Absence Request form
(signed by the supervisor or his designee) and attach the Jury Summons.
AGREEMENT 2009— 2011
CITY OF MEDINA (Office-Clerloal)
PAGE-7-
12.7 Upon separation from employment, an employee in good standing (i.e. one who
has not been terminated for cause), with a minimum of ten (10) years of
continuous service shall be reimbursed at his or her current rate of pay for
twenty-five percent (25%) of unused accrued sick leave up to a maximum of one
hundred eighty (180) hours of pay.
ARTICLE XI11 HEALTH D WELFARE INSURANC BENEFITS
13.1 Effective January 1, 2009, the Employer shall pay ninety percent (90%) of the
premium necessary for each full-time employee and their dependents (where
applicable) and one hundred percent (100%) of the premium for the spouse of
each full-time employee under the Regence Blue Shield Preferred Provider Plan
of Association of Washington Cities Employee Benefits Trust and coverage In
accordance with the Trust under;
Dental — Washington Dental Service Plan F, with Plan III Orthodontia
Vision — Vision Service Plan, with ten dollars ($10.00) deductible.
18.2 All regular part-time employees shall receive monetary credit to be applied
toward insurance premium on a pro-rata basis in proportion to the number of
hours worked. The amount received by the employee is allocated according to
family status identified above, i.e. employee, employee + spouse, etc.
13.3 Life Insurance - The Employer shall maintain Group Basic Life Insurance
coverage for each employee in the amount of seventy —five thousand dollars
($75,000) payable to a beneficiary designated by the employee.
13.4 Long Term Disability - The Employer shall continue the following long-term
disability program, under the Association of Washington Cities Employee Benefit
Trust
60% Benefit payment level following a 90-day waiting period
13.5 Employees may choose to opt out of coverage for their spouse and/or
dependent(s). Employees with an eligible spouse and/or dependent(s) who elect
to opt out of coverage for their spouse and/or dependent(s) will be reimbursed by
the Employer with an amount equal to fifty percent (50%) of the monthly premium
saved. An employee may opt out of personal coverage if he or she provides
proof of valid health Insurance from another source, maintains such coverage
and the insurance plan permits. The employee may choose to apply the
reimbursement to their deferred compensation plan or Flexible Spending
Account. Reimbursements applied to an employee's deferred compensation plan
shall not be eligible for a City matching contribution, if an employee elects to
receive a cash reimbursement for the monthly premium saved, the Employer will
Pay an amount equal to thirtyfive percent (35%) of the monthly premium saved.
AGREEMENT 2009 — 2011
CITY OF MEDINA (Office -clerical)
PAGE-6-
ITEM CA-9
HRA VEBA
Memorandum of Understanding
Between
CITY OF MEDINA, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL
EMPLOYEES AND DRIVERS LOCAL UNION NO. 763
Effective (insert date of city adoption) the City of Medina ("Employer") adopted the HRA VEBA
Medical Reimbursement Plan for Public Employees in the Northwest ("Plan"). The Employer
agrees to provide a mandatory payroll deduction as contribution to the Plan on behalf of all
employees in the collective bargaining group ("Group") defined as eligible to participate in the
Plan. Each eligible employee must submit a completed and signed Membership Enrollment
Form to become a Plan participant and be eligible for benefits under the Plan.
The Group is defined as those employees belonging to the Clerical bargaining unit of
Teamsters Local 763. Contributions on behalf of each eligible employee shall be based on the
following selected funding sources and formula:
Effective, date TBD upon separation from employment, employees in the Group in good
standing (i.e., those who have not been terminated for cause), with a minimum of ten (10)
years of continuous service shall have twenty-five percent (25%) of their unused accrued sick
leave (up to a maximum of one hundred eighty [180] hours of pay) at their current rate of pay
contributed on their behalf to the HRA VEBA Medical Reimbursement Program. It is agreed by
both parties to this MOU that this modifies the terms of Article 12.7 of the 2009-2011 Collective
Bargaining Agreement between the City of Medina and Teamsters Local Union No. 763.
Effective date TBD, each employee in the Group shall additionally fund the Plan via payroll
deduction on a monthly basis equal to a set dollar amount. Contribution levels will be
determined by the Group and shall be in force for each subsequent calendar year until such
time one or more members of the bargaining unit request to vote a change in contribution level
for the following calendar year. The amount shall be determined by a majority vote of the
members in the Group. Tie votes will be resolved by a flip of a coin. The calendar year 2010
rate shall be fifty dollars ($50) per month.
The term of this agreement shall be from date TBD, 2010 through December 31, 2011.
For TEAMSTERS LOCAL 763 Date For CITY OF MEDINA Date
ITEM CA-10
City of Medina, Washington
PROCLAMATION
Recognizing Camp Fire USA Central Puget Sound Council
WHEREAS, Camp Fire USA was founded by Charlotte and Dr. Luther Gulick in 1910 as Camp
Fire Girls, and was the first non-sectarian, interracial organization for girls in the United States.
Based on a commitment to the entire family, membership was expanded to include boys in
1975, and today, half of the membership is comprised of boys under the name of Camp Fire
USA; and
WHEREAS, Camp Fire USA is celebrating 100 years of building caring, confident youth and
future leaders in 2010; and
WHEREAS, Camp Fire USA's motto since 1910 has been, "Give Service"; and
WHEREAS, Camp Fire USA welcomes all children, youth and adults regardless of race,
religion, socioeconomic status, disability, sexual orientation or other aspect of diversity; and
WHEREAS, Camp Fire USA has as its logo a fluid flame, symbolizing the hearth and the out-of-
doors. The symbolism of Camp Fire USA's commitment to inclusiveness is apparent in the open
triangle surrounding the flame; and
WHEREAS, Camp Fire USA promotes effective youth development that builds assets and
empowers individuals through small groups where children and youth are actively involved in
creating their own learning; and
WHEREAS, Camp Fire USA provides safe, fun and nurturing environments for children and
youth in coeducational settings, providing opportunities for boys, girls and families to develop
together with programs delivered in schools, camps, housing developments, neighborhood
centers, and transitional housing shelters; and
WHEREAS, Camp Fire USA challenges parents and youth to build character, adopt strong
values, develop positive life skills and exercise responsibility to family and community; and
WHEREAS, the keystone event of the Camp Fire USA Central Puget Sound Council will take
place at Magnuson Park on Saturday, July 31, 2010, when Camp Fire USA will mark its 100th
anniversary at Centennial Campfires held across the country; and
WHEREAS, Camp Fire USA celebrates its centennial to spark a new interest in Camp Fire USA
and renew interest among Camp Fire alumni and create enthusiasm for Camp Fire USA's role --
past, present, and future -- in delivering quality program opportunities to all children, youth and
their families; and
ITEM CA-10
WHEREAS, the contributions of local youth, volunteers, employees, alumni, and stakeholders in
helping to fulfill Camp Fire USA's mission will be recognized at the commemoration events; and
WHEREAS, representatives from all generations will celebrate a lifelong journey of social
contribution and a proven pathway into the next 100 years of Camp Fire USA; and
NOW, THEREFORE, I, Bret Jordan, Mayor of the City of Medina, do hereby salute Camp Fire
USA Central Puget Sound Council for both its rich history and bright future. I applaud the
mission of the organization and its continued effort to strive for excellence as it forges into its
second century of existence, dedicated and committed to positively impacting youth, families
and communities across the country. I am proud that Camp Fire USA exists in the Central Puget
Sound, and I proclaim July 31, 2010, as
100 Years of Camp Fire Day
throughout the Central Puget Sound.
DATED, this fourteenth day of June, 2010.
Bret Jordan, Mayor
ITEM CA-11
MEDINA CITY COUNCIL MEETING AGENDA BILL
Subject/Title: Resolution approving Centralized Contracting for ARCH
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other - Discussion
STAFF REPORT BY: Donna Hanson
BACKGROUND/SUMMARY:
The City Council authorized the City Manager to sign the Amended and Restated Interlocal Agreement
for ARCH at the Regular Council meeting on March 8, 2010. That Agreement goes into effect on July
1st. The primary goal of amending the Interlocal was to streamline the administration of housing trust
fund monies for ARCH members and local housing agencies once projects are approved by member
cities. The purpose of this resolution is to implement elements of the previously approved Interlocal.
The Interlocal Agreement establishes a new Housing Trust Funds Account with the Administering
Agency (currently the City of Bellevue). Within that account, each member city will have an individual
account where it will deposit its affordable housing contributions and separate project sub -accounts
for each affordable housing project to which the City has awarded funds. This resolution authorizes
the current balance of Housing Trust Fund monies to be transferred to the City's account with the
Administering Agency. All future loan repayments from previously funded projects would also be
deposited into that account. No funds from the City of Medina's account would be dispersed without
prior approval of the City Council.
The Interlocal Agreement does not specifically address the administration of previously approved
projects that have not yet gone through the contracting process, except to say that the Executive
board may authorize the Administering Agency to administer housing project agreements in a manner
consistent with the Agreement [see Section 12.f(v)]. The enclosed resolution will allow the
streamlined contracting process to be used for the projects that were previously approved by the City.
The Administering Agency will sign a single set of funding documents with the housing developer on
behalf of all participating cities and will disburse funds in accordance with the conditions of the
agreements. This will save significant City and ARCH staff time and will not impact the conditions of
approval for any of the projects.
BUDGET/FISCAL IMPACT: APPROVED IN THE BUDGET, NOT FURTHER FUNDING REQUESTED
STAFF RECOMMENDATION: Approval of resolution
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: " I MOVE APPROVAL OF THE RESOLUTION AUTHORIZING THE ADMINISTERING
AGENCY FOR ARCH TO EXECUTE ALL DOCUMENTS NECESSARY TO ENTER INTO AGREEMENTS FOR
FUNDING OF AFFORDABLE HOUSING PROJECTS, UTILIZING FUNDS PREVIOUSLY BUDGETED BY THE CITY."
ITEM CA-11
Family Resource Center Campus
16225 NE 87"' Street, Suite A-3 ♦ Redmond, Washington 98052
(425) 861-3677 ♦ Fax: (425) 8614553 ♦ E-MAIL: arch-housing@ci.bellevue.wa.us
A Regional Coalition for Housing
TO: City of Bellevue Council Members
City of Issaquah Council Members
City of Kirkland Council Members
City of Mercer Island Council Members
City of Redmond Council Members
City of Newcastle Council Members
City of Kenmore Council Members
City of Sammamish Council Members
City of Woodinville Council Members
City of Clyde Hill Council Members
City of Medina Council Members
Town of Yarrow Point Council Members
Town of Hunts Point Council Members
FROM: Steve Anderson, Chair, and ARCH Executive Board
DATE: June 15, 2009
RE: Spring 2009 Housing Trust Fund (HTF) Recommendation
The ARCH Executive Board has completed its review of the three applications applicable to the
Spring funding round of the 2009 Housing Trust Fund. The original recommendations total
$1,050,000 of local funding, though one project is not proceeding at this time, so formal
approvals are currently only being sought for $750,000. The proposed levels of funding from
each City are summarized in the attached chart.. The actual amount will depend on final action
by the City Councils.
Following is a summary of the application, the recommendation and rationale, and recommended
contract conditions. Also enclosed is an economic summary for the two project seeking funding,
leveraging charts, project summary table, and a summary of funded projects to date.
1. YWCA — Corner of Highlands Drive and NE High Street, Issaquah
Funding Request: $750,000 (Loan)
Executive Board Recommendation: $750,000
Contingent Loan
BEAUX ARTS VILLAGE ♦ BELLEVUE ♦ BOTHELL ♦ CLYDE HILL ♦ HUNTS POINT ♦ ISSAQUAH ♦ KIRKLAND ♦ MEDINA
MERCER ISLAND ♦ NEWCASTLE ♦ REDMOND ♦ WOODINVILLE *YARROW POINT ♦ KING COUNTY
Project Summary:
YWCA is proposing to build a 47-unit development located in Issaquah on a site donated by the
City of Issaquah for the purpose of providing affordable housing. The City of Issaquah has taken
significant steps to show its local support and encourage additional public support, including
providing donated land and fee waivers that, combined, approximate an $8 million dollar
development cost savings. They have spent years planning for this development. This project
would be integrated with Phase I, a 98 unit project previously approved for funding from the
ARCH Housing Trust Fund.
The project will include 47 units of affordable housing, one manager's unit, and a 3,500 square
foot community building with management offices and community space. The project's unit mix
will include approximately 18% 1 bedroom, 78% 2 bedroom, and 4% 3 bedroom units. The
project will provide housing affordable at 50% and 60% of median income.
While these units are intended to be for permanent affordable housing, and residents who do not
have need for any explicit support services, due to the property's location within the larger
Family Village at Issaquah, residents will have access to services provided through the YWCA
Eastside Regional Services Center. The services center includes community meeting space and
community kitchen and will offer a variety of services such as employment services, training,
parenting classes, domestic violence support, and mental health programs. In addition, the
Family Village is planned to include a child care center operated by Bright Horizons that will
include a number of spaces at subsidized rates.
In addition to typical public funding, the YWCA includes a campaign to raise $12 million,
approximately $3.5 million of which will be used to help pay costs related to Phase II.
Construction of the first phase is projected to start in late 2009, and finishing in mid 2011. Phase
H would start several months after Phase I and be completed in mid -late 2011.
Fundiniz Rationale:
The CAB supported the intent of this application for the following reasons:
• There would be 47 units of affordable housing serving a range of income levels.
• The site is centrally located and located close to transit, retail and employment.
• Is a project the City has been planning for affordable housing, and city has strongly
supported by providing land at no cost, and significant reductions in building and impact
fees. Creates opportunity for increasing housing diversity in this new community.
• Part of larger effort that incorporates YWCA regional services, child care and community
space.
The YWCA has a strong track record
The proportionately low ARCH funding versus other funders provides a good
opportunity when considering the number of units provided.
2
Proposed Conditions:
1. The funding commitment shall continue for twelve (12) months from the date of Council
approval and shall expire thereafter if all conditions are not satisfied. An extension may be
requested to City staff no later than sixty (60) days prior to the expiration date. At that time, the
applicant will provide a status report on progress to date, and expected schedule for start of
construction and project completion. City staff will consider an extension only on the basis of
documented, meaningful progress in bringing the project to readiness or completion. At a
minimum, the applicant will demonstrate that all capital funding has been secured or is likely to
be secured within a reasonable period of time. City staff will grant up to a 12 month extension.
If necessary a second extension of up to 6 months may be requested by following the same
procedures as the first extension.
2. Funds will be in the form of a contingent loan. Loan terms will account for various
factors, including loan terms from other fund sources and available cash flow. Final loan terms
shall be determined prior to release of funds and must be approved by City Staff. Based on the
preliminary development budget, it is anticipated that loan payments will be based on a set
repayment schedule, and begin in the year after repayment of the deferred developer fee, with
1% interest. The terms will also include a provision for the Agency to request a deferment of a
payment if certain conditions are met (e.g. low cash flow due to unexpected costs). Any
requested deferment of loan payment is subject to approval by City Staff, and any deferred
payment would be repaid from future cash flow or at the end of the amortization period.
3. Until such time as the deferred developer fee is fully repaid, all cash flow after payment
of operating expenses and debt service, shall be used to repay the deferred developer fee.
4. A covenant is recorded ensuring affordability for at least 50 years, with affordability as
shown in the following table. There will be no set -aside units for particular populations, unless
otherwise approved by City Staff. Affordability levels will be defined using the requirements for
tax credits, and utility costs will be based on King County Housing Authority allowances, unless
otherwise approved by City Staff.
Median
Studio
1 BD
2 BD
3 BD
Total
Income Level
Low Income
0
7
27
2
36
31-50% AMI
Moderate
0
1
10
0
11
Income
51-60% AMI
Total
0
8
37
2
47
• The manager's unit will not be income restricted
3
5. Submit documentation of the City's approval of the provision of parking for residents. If
required, submit a copy of the parking management plan for City review and approval.
6. Submit evidence of the Agency's ability to access the funds necessary to complete the
project, which is expected to include funds raised through the organization's capital campaign
and/or a corporate guarantee prior to ARCH funding. Provide update on status of capital
campaign on a quarterly basis. Additionally, submit evidence of the YWCA's endowment or
other form of commitment to provide the necessary operating support for the regional YWCA
office to be located in Issaquah Highlands prior to occupancy of the affordable units.
7. The Agency shall submit a property management plan prior to release of funds for review
by City staff for consistency with funding conditions. At a minimum, the property management
plan will address:
• Resident selection procedures including marketing and outreach process, including local
targeted marketing outreach to local business and community organizations such as
community centers and churches;
• A short and long term strategy for covering operating expenses.
• Use of community space for residents, YWCA programs, and Issaquah Highlands
community -wide use;
• A description of the duties of the resident services coordinator;
• Management procedures to address resident needs, a description of the relationship of
residents to the program and services; and
• A description of services available to residents include services available through the
regional headquarters,
• Ongoing communication with the broader Issaquah Highlands community,
• Overall transportation program (e.g. transit education, bus passes) including explicitly
management policies related to parking for residents, on -site staff, day care and community
members.
• A summary of the City affordability requirements and annual monitoring procedures,
Also include a description of the facilitated process used for establishing a management structure
including results of discussion related to need for a resident association or other approaches to
engage residents into the community.
8. Funds shall be used by the Agency toward project construction, appraisal, architecture
and engineering design fees, construction project management, construction technical assistance,
and construction monitoring, or other development costs, as approved by City Staff. Funds may
not be used for any other purpose unless city staff has given written authorization for the
alternate use.
9. The Agency shall submit evidence of funding commitments from all proposed public and
private sources. In the event commitment of funds identified in the application cannot be secured
in the time frame identified in the application, the Agency shall immediately notify city staff, and
describe the actions it will undertake to secure alternative funding and the timing of those actions
0
subject to city staffs review and approval. Prior to initiating construction, the Agency shall
submit evidence of all public and private resources needed to complete the project.
10. The Agency shall provide a revised development budget based upon actual funding
commitments, which must be approved by City staff. If the Agency is unable to adhere to the
budget, City staff must be immediately notified and a new budget shall be submitted by the
Agency for the City's approval. The City shall not unreasonably withhold its approval to a
revised budget, so long as such new budget does not materially adversely change the Project.
This shall be a continuing obligation of the Agency. Failure to adhere to the budgets, either
original or as amended, may result in withdrawal of the City's commitment of funds.
11. The Agency shall maintain documentation of any necessary land use approvals and
permits required by the City. Unless otherwise approved by the City of Issaquah, the plans shall
include a community center.
12. In the event federal funds are used, and to the extent applicable, federal guidelines must
be met, including but not limited to: contractor solicitation, bidding and selection; wage rates;
and Endangered Species Act (ESA) requirements. The Agency shall also provide evidence that
the project is subject to Davis Bacon Residential Rates.
13. Submit monitoring reports quarterly through completion of the project, and annually
thereafter. Submit a final budget upon project completion. If applicable, submit initial tenant
information as required by the City.
y
ITEM CA-11
CITY OF MEDINA, WASHINGTON
RESOLUTION NO.
A RESOLUTION authorizing the duly -appointed Administering
agency for ARCH to execute all documents necessary to enter
into Agreements for the funding of affordable housing projects, as
recommended by the ARCH Executive Board, utilizing funds from
the City's appropriation.
WHEREAS, A Regional Coalition for Housing (ARCH) was created by interlocal
agreement to help coordinate the efforts of Eastside cities to provide affordable housing;
and
WHEREAS, the ARCH Executive Board has recommended that the City of Medina
participate in the funding of certain affordable housing projects and programs hereinafter
described; and
WHEREAS, the ARCH Executive Board has developed a number of recommended
conditions to ensure that the City's affordable housing funds are used for their intended
purpose and that projects maintain their affordability over time; and
WHEREAS, the City Council has approved the Amended and Restated Interlocal
agreement for ARCH; and
WHEREAS, the City Council has approved the use of $ 15,000 from City funds as
designated below to finance the projects recommended by the ARCH Executive Board; now,
therefore,
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DOES RESOLVE AS
FOLLOWS:
Sections. On the following dates the City Council approved funding for the following
project:
YWCA Issaquah Family Village II in the amount of $15,000 on October 12, 2009.
The City Council authorizes the duly -appointed administering agency of ARCH pursuant to
the Amended and Restated Interlocal Agreement for ARCH to execute all documents and
take all necessary actions to enter into Agreements for these projects on behalf of the City.
Section 2. The Agreements entered into pursuant to Section 1 of this resolution shall
be funded in a combined amount not to exceed that set forth in Section 1. Such
Agreements shall include terms and conditions to ensure that the City's funds are used for
their intended purpose and that the project maintains its affordability over time. In
determining what conditions should be included in the Agreements, the duly -appointed
,administering agency of ARCH shall be guided by the recommendations set forth in the �eietea:
ARCH Executive Board's memorandum(s) of June 15, 2009, a copy of which is attached.
Section 3. Pursuant to Section 12 of the Amended and Restated Interlocal
Agreement, City Council approves transmitting all [Affordable Housing funds] approved by
Council and not previously expended for projects for deposit into the City's Individual
ITEM CA-11
Account within the Housing Trust Fund Account, which funds may be released only upon,
and in accordance with, the written direction of the City Council. Pursuant to Section 12.e of
the Amended and Restated Interlocal Agreement funds shall be invested by the
Administering Agency in investments permitted by state law for investment of public funds.
Investment earnings shall be credited to each Individual Account and Subaccount on a pro
rata basis.
Section 4. Pursuant to Section 12.f(v) of the Amended and Restated Interlocal
Agreement, the Council authorizes the Administering Agency to administer housing project
agreements entered into prior to the effective date of the Amended and Restated Interlocal
Agreement, upon terms consistent with the Amended and Restated Interlocal Agreement,
including repayments (if any) shall be applied pro rafa to the funding Parties' Individual
Accounts based on the ratio of funding contributed to the project by each Party, unless the
funding Parties otherwise agree.
PASSED by the City Council of the City of Medina this _ day of
2010, and signed in authentification of its passage this day of
, 2010.
Bret Jordan, Mayor
ATTEST/AUTHENTICATED:
Rachel Baker, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
1 dill
RESOLUTION NO.
Exhibit A: ARCH Executive Board's memorandum of June 15, 2009
ITEM CA-12
CITY OF MEDINA
Park Board Meeting Minutes
April 19, 2010
CALL TO ORDER
City of Medina
Council Chambers
Chair called the April 19, 2010 Park Board meeting to order at 6:04 pm.
ROLL CALL
Present: Gabriele Dickmann, Marelaine Dykes, Susan Greenberg,
Matt Kochel, Laura Weingaertner
Absent: Susan Flagg, Ross Mickel
Staff Present: Joe Willis, Director of Public Works;
Pamela Greytak, Administrative Assistant
ANNOUNCEMENTS
No announcements.
MINUTES
MOTION GREENBERG/SECOND DICKMANN TO APPROVE MARCH 15, 2010 PARK
BOARD MINUTES AS WRITTEN. MOTION PASSED 5-0 (6:04 pm)
AUDIENCE PARTICIPATION
No audience participation.
PARK REPORTS (6:05 pm)
Medina Park:
Greenberg discussed a mud filled ground hole in Medina Park. Dykes reported that the
Purell hand cleaning station is empty. Weingaertner suggested placing Purell in park
restrooms. Dickmann stated that the person responsible for trimming blackberry bushes
volunteered to organize a work party to be held over the upcoming weekend.
Weingaertner voiced frustration over pet owners not abiding by off -leash dog rules.
View Point Park:
Greenberg recommended installing a mutt mitt station at the top of View Point Park.
NEW BUSINESS
Parks Comprehensive Plan Update (6:14 pm)
Willis encouraged boardmembers to volunteer to serve on the shoreline master program
advisory group that would soon be forming.
Park Board Minutes Page 1 April 19, 2010
Park Board Work Plan (6:17 pm)
Willis confirmed that the city council received the 2010 park board work plan.
Shawn Fitzpatrick's Letter Regarding Ordinance 12.24.025 (6:17 pm)
Boardmembers discussed resident Shawn Fitzpatrick's letter regarding off -leash dogs.
Boardmembers agreed that it is best practice for park patrons to discuss dog problems
directly with the pet's owners. Greenberg suggested organizing a parks education day.
Weingaertner recommended writing an article regarding off -leash dogs for placement in
the next city newsletter. On behalf of the board, Dykes volunteered to draft a response
letter to Ms. Fitzpatrick.
Medina Park: Blue Heron Webcam Update (6:28 pm)
Weingaertner reported that she published an informational brochure regarding the
proposed Blue Heron webcam for the purpose of mailing to potential donors.
Medina Park: Picnic Shelter Update (6:30 pm)
Willis confirmed that the picnic shelter is on hold until the parks comprehensive plan is
updated.
Arbor Day Celebration Follow -Up (6:31 pm)
Weingaertner and Dickmann attended the Arbor Day event in Medina Park. Greenberg
spoke about the location of the newly planted Arbor Day tree.
Easter Egg Hunt Follow -Up (6:31 pm)
Boardmembers acknowledged that the Easter Egg Hunt was fun, and well attended. It
was determined that parents need to provide many more eggs next year.
ADJOURNMENT
MOTION WEINGAERTNER/SECOND KOCHEL TO ADJOURN APRIL 19, 2010 PARK
BOARD MEETING. MOTION PASSED 5-0. 6:39 PM
The next Park Board meeting will be held Monday, May 17, 2010 at 6:00 pm.
Minutes taken by:
Pamela Greytak, CIVIC
Administrative Assistant
Park Board Minutes Pape 2 April 19. 2010
ITEM CA-13
April21, 2010
7. 00 p. m.
CALL TO ORDER
CITY OF MEDINA
Emergency Preparedness Committee Meeting
Medina City Hall Chambers
501 Evergreen Point Road
The Emergency Preparedness Committee Meeting was called to order at 7:08 p.m.
by Chair Kay Koelemay. This followed a Citizens Emergency Response Team
(CERT) medical unit refresher.
ROLL CALL
Present: Kay Koelemay, Dave Hedequist, Margaret Maxwell,
Volunteers: Larry Cole, Doug Dicharry, Chris Gulacsik, Bruce Hand, Rich
Martinez and Gary Sultan
Staff Present: Police Chief Jeff Chen and Emergency Preparedness
Coordinator Kris Finnigan.
APPROVAL OF MINUTES
MOTION MAXWELUSECOND HEDEQUIST TO APPROVE MARCH 17, 2010
MEETING MINUTES AS WRITTEN. MOTION APPROVED.
OTHER BUSINESS
Ordinance Regarding Volunteers
Chair Koelemay summarized the Emergency Services Ordinance that had been
approved by the City Council at their March 8th meeting.
MOTION MAXWELUSECOND HEDEQUIST TO RATIFY EMERGENCY SERVICES
ORDINANCE. MOTION APPROVED UNANIMOUSLY.
Communications Volunteer Sultan reported on progress being made by using lower
frequencies to communicate over longer distances. He reviewed characteristics of
the Winlink System. He explained that email messages could be sent through the
system, even with the internet being down.
Koelemay reported that she had communicated with Dave Simpson, CERT Member
and Emergency Preparedness Chair for Medina Elementary. She said that he was
interested to work with the city on disaster planning for the school.
She also mentioned that she had met Chris Simeon, St. Thomas Emergency
Preparedness. She had extended an invitation to attend a Medina Emergency
Committee Meeting, to share information regarding their plans for a new great hall
and possible emergency shelter.
Maxwell reported that she had discussed the Map Your Neighborhood Program with
some of her neighbors.
Hedequist encouraged those in attendance to visit the CERT website. He expressed
a desire to re-engage CERT members in the program.
Chief Chen reported on Sound Shake 2010, a regional exercise, made possible by
Homeland Security funding. Date of the exercise will be October 6th & 7th. He stated
that the communications group will be instrumental in the exercise and that it is still
being determined as to the level of participation by the city.
Discussion followed regarding ideas for Medina Days 2010, including a repeat of
radio exercise for parents and their children.
Finnigan reviewed the Work Plan of the Medina Emergency Response Team.
Discussion followed regarding planned CPR/AED and First Aid Classes, with interest
being shown for availability to emergency preparedness volunteers.
The next meeting was scheduled for May 19, 2010 at 7 p.m., with the CERT group
scheduled to meet at 6 p.m. that same evening.
The meeting was adjourned at 8:35 p.m.
Minutes taken by:
Kris Finnigan
Emergency Preparedness Coordinator
(minutes approved 511912010)
Emergency Preparedness Committee Minutes April 21, 2010
ITEM CA-14
CITY OF MEDINA
Planning Commission Meeting
April 27, 2010 Medina City Hall Council Chambers
6:00 p.m. 501 Evergreen Point Road
CALL TO ORDER
The Planning Commission meeting of April 27, 2010, was called to order at 6:01 pm
by Chairperson O'Brien.
ROLL CALL
Present: Judie O'Brien, Molly Goudy, Peter May, Heija Nunn, Jeff Price
(arrived at 6:05 pm), Karen Sparks, Ching -Pi Wang
Absent: None
Staff Present: Robert Grumbach, Development Services Director
Donna Goodman, Development Services Coordinator
Christopher Ruiz, City Engineering Consultant
ANNOUNCEMENTS (6:02 pm)
There were no announcements from the Commission.
Grumbach made the following announcements:
• City Hall update — Permit applications are expected to be submitted for
review soon. The estimated timeframe for moving out of the building is now
August. The ordinance allowing temporary facilities at St. Thomas was
revived, amended and passed by the Council to allow the City to negotiate
with St. Thomas Church for locating temporary facilities in their parking lot.
• Shoreline Advisory Committee - There are two volunteers from the Planning
Commission, May and O'Brien. One resident and one representative of a
resident have expressed interest. The City will be seeking additional
volunteers through the month of May.
• Grumbach described the quasi-judicial public hearing process for a
construction mitigation plan.
APPROVAL OF MINUTES
Goudy pointed out that the Call to Order section contained a meeting date error in
the March 23, 2010 minutes.
MOTION PRICE / SECOND WANG TO APPROVE MARCH 23, 2010 MEETING
MINUTES WITH THE CORRECTED DATE. MOTION APPROVED 6-0 (6:07 PM)
Planning Commission Minutes Page 1 April 27, 2010
AUDIENCE PARTICIPATION (6:07 pm)
There were no comments from the audience.
PUBLIC HEARING (QUASI-JUDICIAL) (6.07 pm)
Construction Mitigation Plan No. C-2706: 414 Upland Rd. (6:08 pm)
Proposal. Demolition of an existing dwelling and construction of a 6,350 square foot
single-family residence. This project includes construction of a swimming pool and
sports court, various other site improvements, excavation of approximately 3,153
cubic yards of material and the importing of 333 cubic yards of fill material.
Appearance of Fairness Commission Disclosures (6:08 pm)
Wang stated that he had lived on Overlake Drive several years ago. Nunn
announced that she knew the applicants from school. Price revealed that he works
for the same company as the property owner. O'Brien announced that she had
overseen a parent -daughter event with the applicant.
O'Brien asked if there were any objections by the applicants or audience to any of
the commissioners participating in the hearing following their disclosures and.
There were no objections. O'Brien explained how the hearing would be conducted.
Ruiz read the staff recommendation and conditions and recommended approval of
the application subject to the six conditions outlined in the staff report.
Douglas Obie, Architect for the proposed project (6:13 pm)
Mr. Obie, representing the property owner, described the proposed project and
proposed timeline.
Matt Miller, Associated Earth Sciences (6:15 pm)
Mr. Miller stated that he is the geotechnical engineer for the project and had
reviewed the foundation design and did the slope stability analysis for the project.
He explained that they had performed subsurface explorations using hand augers
and that below the 2-3 feet of fill was very stable glacial till.
Miller and Obie answered questions regarding the storm drainage system, proposed
tree removal on the slope, and vegetation of the slope.
Ruiz provided information regarding the proposed truck route and the number of
truck trips that would be required. Ruiz explained that the City had requested an
alternative plan that would not include travel on Overlake Dr. Also, there will be no
truck/trailer combinations and 84th Ave NE will be the main route to and from the city
limits. Ruiz went on to say that the schools will not be impacted by the trucking.
The entire site will have security fencing.
Obie explained that the workers will be parking outside the city limits and carpooling
to the site.
Planning Commission Minutes Page 2 April 27, 2010
Chair opened the hearing to public comment (6.28 pm)
Don Hansen, adjacent property owner, asked from which part of the site most of the
soils will be removed.
Obie responded that most of the soil would be removed from the basement of the
house and the front of the house, not near the slope.
Chair closed public hearing. (6.22 pm)
MOTION GOUDY / SECOND NUNN TO APPROVE CONSTRUCTION
MITIGATION PLAN C-2706 (6:32 pm)
Sparks stated that the commission should ensure that the motion included the
conditions as recommended by staff.
Commissioners discussed matters related to potential runoff and other issues
related to the slope area. May stated that vigilance during the inspection process
would be important given the potential for runoff. The height of the proposed
retaining wall and appearance from Overlake Dr. were addressed.
Ruiz described the inspection process for erosion control and drainage and stated
that all storm water is required to be collected.
MOTION ABOVE INCLUDING CONDITIONS STIPULATED IN STAFF REPORT
APPROVED (6-0) (6:35 pm)
OTHER BUSINESS
Continued Discussion on Permit Procedures & Code Amendments (6:35 pm)
Grumbach stated that he had taken the Commissioners' comments from the last
meeting and incorporated them into the latest draft of this proposed ordinance along
with editing updates.
Sparks stated that she had found additional editing issues and would provide them
to Grumbach when she had completed her review.
The consensus was to move forward with scheduling a public hearing, to be held at
the next Planning Commission meeting.
Continued Discussion on Land Division/Lot Line Adiustment Amendments (6:46 pm)
Grumbach explained that he had incorporated Commissioners' comments from the
last time this item was discussed. He answered Commissioners' questions and
explained that the state legislature had made changes in the law regarding
preliminary subdivision approvals and vesting of final plats for which this ordinance
took into account. These included duplicate provisions with one having a "sunset
clause" and the other having a future effective date to reflect the changes in state
law.
After discussion, there was a consensus to move forward with a public hearing at
the next commission meeting.
Planning Commission Minutes Page 3 April 27, 2010
Continued Discussion on Development/Bui[ding Envelope Standards (formerly
Pitched Roof Incentives) (6:46 pm)
Grumbach briefed the Commissioners on the feedback from the Council regarding
the pitched roof incentives memo. He explained that what was thought to be
direction to address pitched roofs was clarified to actually be about reducing the
effect of bulk on neighboring properties. The Council did not necessarily want to
force property owners to choose pitched roofs over flat roofs. Instead, the Council
wants the commission to look at the development envelope and to make
recommendations to help reduce the bulk of structures, particularly when built to the
maximum height at the setback line.
Grumbach introduced the concept of replacing structural coverage regulations with
floor area ratio as a way to address bulk without necessarily undoing the work
previously done which provides for structural coverage bonuses for substandard
lots. He stated that the town of Hunts Point uses this method. He also discussed
that Hunts Point has a development envelope with a 45 degree angled setback
above a certain height that precludes buildings from being built to the maximum
height at the setback line. This standard was mentioned by a council member as
something to be considered. Grumbach noted that the floor area ratio concept
represented a major change from current methods.
Commission discussed this topic and requested that Grumbach obtain feedback
from staff at Hunts Point on how well these methods work for them and also that he
provide examples of how they would affect development in Medina. It was stated
that it would be important to avoid unintended consequences if such methods were
introduced in Medina.
Grumbach advised that this topic be incorporated with the comprehensive zoning
code updates. He stated that the council had placed a deadline of the end of the
year for the commission to forward a recommendation on this issue. The
discussion was continued to the next meeting.
ADJOURNMENT
MOTION NUNN / SECOND GOUDY TO ADJOURN APRIL 27, 2010 PLANNING
COMMISSION MEETING. MOTION APPROVED 6-0 (7.•29 PM
The next Planning Commission meeting will be held on Tuesday, May 24, 2010, at 6:00 pm.
Minutes taken by:
Donna Goodman
Development Services Coordinator
Planning Commission Minutes Page 4 April27, 2010
CITY OF MEDINA
Memorandum
DATE: May 24, 2010
TO: Civil Service Commission
FROM: 'Caroll P. Wedlund, Civil Service Examiner
RE: 2009 Annual Report
COMMENT
On December 21, 2009, City Manager Donna Hanson gave permission for the Civil
Service Commission to wait until their next meeting to approve and sign the 2009 Annual
Report, This permission was granted to save the City money so the Civil Service
Commission would not have to hold a special meeting just for that purpose.
The civil service 2009 year was less busy than in 2008. However, the Medina Civil Service
Commission continued to oversee entry level and lateral police officer testing processes
during the past year, to ensure the best qualified police officers for Medina.
The Medina Police Department's continuous testing process results are incorporated into a
running eligibility list, with a separate eligibility list certified for each testing process.
Eligibility lists are valid for one year from the date of Commission approval, so that
candidat6s drop off after the expiration of that period, and new names are added as new
testing processes are conducted.
The Medina Police Department is authorized nine sworn full time equivalent (FTE) officers.
During the 2009 year, our Civil Service Examiner sorted through hundreds of applications
and weaned them down to the top 45. The streaming manner in which these perspective
candidates appear before us for testing is due largely to a very competitive environment for
and lack of qualified police officer applicants being sought by all police departments
statewide. Our Police Department oral board interviewed those 45 applicants during five
testing processes. In turn, the Civil Service Commission met five times and established
five eligibility lists. Chief Chen hired Officers Christina Morovics, and Brady Halvorson. A
third candidate was hired, but that person quit while attending the Academy.
The Skinner appeal continues, with both sides rallying back and forth. We hope for a
resolution in the near future.
Peter E. Jorg6&6) Jack Dern nthony D. Shapiro
Chair Vice -Chair Commissioner
ITEM PH-1
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: DRAFT OF 2011— 2016 SIX YEAR CAPITAL IMPROVEMENT PLAN AND TRANSPORTATION
IMPROVEMENT PLAN
CATEGORY:
❑ Consent ❑ Ordinance X Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: JOE WILLIS SR
BACKGROUND/SUMMARY:
State law requires all municipalities to prepare and submit their planned six year
transportation improvement plans to the State Department of Transportation by July of each
year and in addition, to qualify for grant funding, each project for which funding is requested
must appear on the adopted City TIP. The attached draft plan merges the CIP and TIP into
one document for overall fiscal planning.
DISCUSSION:
The Proposed CIP/TIP Plan for years 2011 through 2016 was derived from public street and
right-of-way improvement condition assessments, storm drainage deficiencies, public facility
evaluations, and incorporates planned programmed improvements such as Phase II of the
security camera program. The attached 2011 — 2016 CIP/TIP Project Summary and
Spreadsheets describe the projects for consideration.
The proposed annual expenditure for the Plan was reduced from prior years that were
programmed at $ 638,000 to an annual amount of $ 515,00 for year 2011 through 2015 based
on present projected $ 65,000 Motor Fuel Tax and $ 450,000 BEET tax revenues.
Attachments: Public Works Project Summary
Draft 2011 — 2016 CIP/TIP Plan
BUDGET/FISCAL IMPACT: $ 515,0W ANNUAL COST
STAFF RECOMMENDATION: Consider Public Comments Prior to Adoption Scheduled for July 12, 2010
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: NONE REQUIRED
ITEM PH-1
CITY OF MEDINA
501 Evergreen Point Road, Medina, WA 98039
(425) 233-6400 www.medina-wa.gov
MEMORANDUM June 14, 2010
TO: MAYOR AND CITY COUNCIL
FROM: Director of Public Works
SUBJECT: 2011 — 2016 Six Year Capital Improvement Plan (CIP) and
Transportation Improvement Plan (TIP)
RECOMMENDATION
It is recommended that the City Council receive public comment on the
attached Six Year Capital Improvement Plan (CIP) and Transportation
Improvement Plan (TIP) for the period 2011 — 2016.
POLICY IMPLICATION
This action implements a more conservative fiscal policy by limiting the
annual CIP/TIP expenditure to $ 515,000 (reduced from prior year revenue
projections of $ 638,000) with one exception in year 2016 that totals $540,000.
BACKGROUND
State law requires all municipalities to prepare and submit their planned
six year transportation improvement plans to the State Department of
Transportation by July of each year and in addition, to qualify for transportation
grant funding, each project for which funding is requested must appear on the
adopted City TIP. In order to provide an overall fiscal plan, I have included all
proposed Capital Improvement Projects (GIP) into one six -year plan.
DISCUSSION
The proposed 2011-2016 CIP was created by reviewing the approved
2010-2015 CIP and making adjustments and modifications to the plan based on
updated street pavement conditions and the condition of other city assets. The
proposed near term projects (next two years) are the most critical as identified by
current conditions and needs. The out -year projects are programmed based on
an estimate of projected needs. This CIP proposal is supported by site
investigations and professional judgment. As additional needs are identified and
evaluated, adjustments to the CIP can be anticipated.
As a matter of City policy, the plan has been adjusted to spread out the
City's Capital Improvement investment so that the program in any given year
ITEM PH-1
does not exceed estimated $515,000 revenues ($ 65,000 from Motor fuel taxes
and $ 450,000 from BEET taxes). The CIP is divided into five (5) categories:
I. Street Improvement Projects
11. Storm Drainage Projects
III. Sidewalks/Paths Projects
IV. Building Restoration and Improvements
V. Parks Projects
Categories I through III constitute the City's Transportation Improvement
Plan (TIP). Category IV projects are facility improvements and Category V
projects are Park Projects. All categories combined constitute the City's Capital
Improvement Plan (CIP). The TIP portion of the CIP must be reported to the
State DOT by July of each year. Additionally, the City shares a copy of the
complete CIP with neighboring cities as well as with each primary utility serving
Medina to facilitate joint planning efforts.
2011 Projects
— 1. Phase II of the NE 12th Street/Lake Washington Blvd. Traffic
Safety and Speed reduction Improvements is the completion
of the center turn lane traffic islands construction in the
corridor and crosswalk installation at 86th Ave NE with
pedestrian activated lights, completion of missing sidewalk
section at 86th Ave NE on north side of NE 12th Street.
1-2 Evergreen Point Road (Overlake Drive West to NE 8th Street)
street and pathway overlay is a preservation project to restore
the asphalt pathway lifted up by tree roots and the restoration
of the deteriorated roadway surface.
IV — 1 Public Safety Enhancement Camera System is the completion
of the camera system installations at the City entrance street
intersections of Lake Washington Blvd and Overlake Drive
East, and at NE 10th Street and Lake Washington Blvd (the
park & ride lot at SR 520 will not occur until the freeway
construction is completed).
2012 Proiects
1-3 80th Ave NE (NE 24th to NE 28th Street) overlay and storm
drainage repairs is a preservation asphalt street overlay
project proposed to restore the deteriorating surface condition
of the road surface and to address drainage problems.
II — 1 Storm Drainage System improvements for Overlake Drive and
Medina Heights are needed to convey storm water runoff
through public easements on private properties to prevent
flooding and to provide for adequate maintenance of the storm
system.
FA
ITEM PH-1
III — 1 NE 12th Street (Evergreen Point Road to 80th Ave NE) sidewalk
repairs project is the construction of concrete sidewalk around
the existing power poles into the street parking lane to provide
clear walking area for pedestrians that will also create parking
pockets along the north side of the street.
2013 Projects
1-4 NE 32nd Street (Evergreen Point Road to 80tr' Ave NE) is in
need of an overlay to restore the deteriorated surface of the
roadway. The project also includes storm drainage
improvements in preparation for a new pathway to be
completed in 2016 along the south side of the street.
1-5 NE 28th Street (Evergreen Point Road to 78th Ave NE) is a
street pavement overlay with storm drain improvements to
restore the deteriorated surface of the roadway.
1-6 Overlake Drive East (Lake Washington Blvd to 84th Ave NE)
crack sealing project is to seal the pavement surface cracking
to prevent moisture intrusion into the roadway subbase to
prolong the life of the existing pavement surface until a
pavement overlay can be completed in year 2017 or 2018.
III — 2 Evergreen Point Road (NE 8th Street to NE 12th Street)
sidewalk repairs project is the construction of concrete
sidewalk around the existing power poles into the street
parking lane to provide clear walking area for pedestrians that
will also create parking pockets along the east side of the
street.
IV — 3 Public Works Shop facility study is to address building
deficiencies such as emergency power and seismic upgrades
and to design the facility improvements that are scheduled for
construction in year 2014.
V — 1 Medina Park Picnic Shelter is a priority project from the Parks
Board to be erected on the northwest side of the south pond
near the south stream crossing. This project will be first
implementation of a Comprehensive Park Planning effort by
the Board.
2014 Projects
1-7 77th Ave NE (NE 22"d to 500 feet south of NE 22"d) overlay
and storm drainage improvements is a preservation asphalt
street overlay with improvements to the storm drainage
system.
3
ITEM PH-1
1-8 84" Ave NE (NE 121" Street to NE 24t" Street) project is a
preservation asphalt street overlay coupled with drainage and
pathway reconstruction along the west half of the right-of-way
to be completed in concert with Clyde Hill.
IV — 3 Public Works Shop Improvements to the building identified in
the facility study completed in year 2013 that include
emergency power and seismic upgrades to the facility.
2015 Projects
1-9 84t" Ave NE (Overlake Drive West to NE 12t" Street) project is
a pavement overlay project to restore the roadway surface and
repair portions of the concrete sidewalk and cement curbs.
1— 10 791" Ave NE (NE 24t" Street to NE 261" Street) project is a
pavement overlay to restore the roadway surface.
—11 NE 26t" Street (79t" Ave NE to 801" Ave NE) project is a
pavement overlay to restore the roadway surface.
V — 2 Medina Park pond dredging and shoreline rockery restoration
project is to remove excessive sediment and organics in the
bottom of the north pond and to reconstruct portion of the
rockery edge that is settling.
2016 Proiects
1— 12 78t" Place NE (NE 32nd Street to Evergreen Point Road) is a
pavement overlay project to restore the roadway surface with
improvements to the roadway drainage system.
III — 3 NE 32nd Street Pathway (Evergreen Point Road to 801" Ave
NE) is the construction of a pathway on the south side of NE
32nd Street along the frontage of Fairweather Preserve to
provide for pedestrian access and linkage to the pathways
within the Preserve.
V — 3 Medina Park irrigation system, drainage, and pathway
improvements is the installation of an irrigation system in the
east half of the park, drainage improvements, and gravel
pathway restoration work.
ATTACHMENT: 6-Year Capital Improvement Plan Spreadsheet
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ITEM PHI-2/013-1
MEDINA CITY COUNCIL MEETING AGENDA BILL
An Ordinance of the City of Medina, Washington, repealing Chapters
Subject/Title: 15.04, 15.08, 15.12, and 15.16 of the Medina Municipal Code; and adopting
new chapters related to the 2009 updates of the State Building Code; and
amending related provisions of the Medina Municipal Code
CATEGORY:
❑ Consent ® Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Robert J. Grumbach and Steven R. Wilcox
BACKGROUND/SUMMARY:
The Washington State Legislature has adopted the 2009 State Building Code. This follows an
extensive public hearing review process at both the national and state levels. Pursuant to RCW
19.27.031, all towns, cities and counties are required to adopt the new state building code to go into
effect on July 1, 2010.
The City of Medina is required to adopt the 2009 editions of the following codes with amendments:
International Building Code; ICC/ANSI A117.1-03, Accessible and Usable Buildings and Facilities;
International Residential Code; International Mechanical Code; Liquefied Petroleum Gas Code (NFPA
58); National Fuel Gas Code (NFPA 54) for LP Gas; International Fire Code; Uniform Plumbing Code;
Washington State Energy Code; International Existing Buildings Code; National Electrical Code (NFPA
70).
Some modifications to the administrative sections of the building code are allowed to fit local
conditions. A summary of the changes proposed include:
1. Refinement of building and grading permit exemptions for clarity;
2. Revise the permit expiration limits and requirements;
3. Revised language clarifying other inspection requirements;
4. Create a new Temporary Certificate of Occupancy process; and
5. Move the building code to chapter 20.40 MMC as part of the process of creating a Unified
Development Code.
6. New Appendices to be adopted include: Appendix C (Exit Terminals of Mechanical Draft
and Direct -Venting Systems), Appendix F (Radon Control Methods), Appendix H (Patio
Covers), and Appendix R (Dwelling Unit Fire Sprinkler Systems) of the IRC. Appendix R
provides an optional or mandatory requirement for automatic fire sprinklers. Staff is
recommending adopting the optional requirement while retaining current regulations for
automatic fire sprinklers systems in new and reconstructed homes greater than 3,000
square feet, or additions and remodels that exceed 25 percent of the value of the existing
structure.
The following Building Code appendices would be retained: Appendix J (Grading) of the IBC, Appendix
B (Fire Flow) and Appendix C (Fire Hydrant Locations and Distributions) of the IFC, and Appendix G
(Swimming Pools, Spas and Hot Tubs) of the IRC. Also worth noting is that adoption does not include
chapter 11, and 25 through 42 of the International Residence Code. These chapters, which deal with
detailed technical provisions, were not adopted into the State Building Code, as the state has adopted
other related provisions.
ITEM PH-2/013-1
Chapter 15.08 (Moving of Buildings) pertains more to protecting City streets and is proposed being
moved to chapter 12.10 MMC (note: the State Building Code contains provisions related to the permit
aspect of moving buildings). Chapters 15.12 (Undergrounding Wiring) and 15.16 (Building Numbering)
MMC are proposed being moved to title 20 MMC, but substantively will remain unchanged.
The ordinance goes into effect July 1, 2010.
Attachment: Ordinance
BUDGET/FISCAL IMPACT: Monthly revenue to be determined
STAFF RECOMMENDATION:
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Move to approve an ordinance repealing Chapters 15.04, 15.08, 15.12,
and 15.16 of the Medina Municipal Code; and adopting new chapters related to the 2009 updates of
the State Building Code; and amending related provisions of the Medina Municipal Code
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Final ITEM PH-2/ OB-1
Ordinance No.
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON,
REPEALING CHAPTERS 15.04, 15.08, 15.12 AND 15.16 OF THE MEDINA MUNICIPAL
CODE (MMC); AND ADOPTING NEW CHAPTERS RELATED TO THE
2009 UPDATES OF THE STATE BUILDING CODE; AND AMENDING RELATED
PROVISIONS OF THE MEDINA MUNICIPAL CODE
WHEREAS, the Washington State Legislature adopted the International Building
Code, the International Residential Code, the International Mechanical Code, the Uniform
Plumbing Code, the International Fire Code, and the Washington State Energy Code and
directed that the State Building Code Council adopt these as part of the State Building Code;
and
WHEREAS, pursuant to chapter 19.27 RCW, the State Building Code Council
adopted the 2009 editions, with amendments, of the International Building, Residential,
Mechanical and Fire Code, the 2009 edition of the Uniform Plumbing Code, and the 2009
edition of the Washington State Energy Code as an update to the State Building Code; and
WHEREAS, pursuant to RCW 19.27.031, the State Building Code shall be in effect
in all Washington State cities and counties; and
WHEREAS, pursuant to chapter 51-50 WAC, the updated State Building Code goes
into effect July 1, 2010; and
WHEREAS, the City Council wishes to incorporate the updated State Building Code
into the Medina Municipal Code;
WHEREAS, the City is developing a Unified Development Code (UDC) and wishes to
incorporate the updated building codes into the Unified Development Code; and
WHEREAS, the adoption of an ordinance pertaining to building codes is exempt from
the State Environmental Policy Act (SEPA) pursuant to WAC 197-11-800(20).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS
Section 1. Section 1.15.030 of the Medina Municipal Code is hereby amended to
read as follows:
This chapter applies to any violations of:
A. Title 17 MMC Zoning;
B. Chapter 8.04 MMC, Nuisances;
C. Chapter 8.06 MMC, Noise;
D. Chapter 12.28 MMC, Tree Code;
E. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights -of -Way;
F. Chapter 14.12, Site Plan Review;
G. Chapter ((4&.04)) 20.40, Building Codes;
H. Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities;
I. Chapter 18.04 MMC, Shoreline Management Master Program; and
J. Chapter 18.12 MMC, Environmentally Sensitive Areas.
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Final ITEM PH-2/ OB-1
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follows:
Section 2. A new chapter 12.10 of the Medina Municipal Code is adopted to read as
Chapter 12.10
MOVING OF BUILDINGS
Sections:
12.10.010
Applicability.
12.10.020
Permit — required.
12.10.040
Security deposit — Generally.
12.10.050
Other security guarantees.
12.10.060
Permit — conditions.
12.10.070
Inspections.
12.10.080
Permit — grounds for refusal.
12.10.090
Appeal.
12.10.100
Return of fees and deposits.
12.10.110
Determination of route.
12.10,120
Responsibilities of applicant.
12.10.130
Enforcement.
12.10.010 Applicability.
This chapter is applied in conjunction with the building codes set forth in chapter 20.40 MMC
and shall apply to the movement of any building using City rights -of -way or property.
12.10.020 Permit — required.
No person, corporation, firm, or organization shall move any building over, along or across a
City right-of-way or property without first obtaining a building permit from the City as set forth
in MMC 20.40 MMC.
12.10.040 Security deposit — generally.
Upon receipt of an application, the City shall calculate an estimate of the expenses that will
be incurred in removing and replacing any property of the city, the removal and replacement
of which will be required by reason of the moving of the building through the city, together
with the cost of materials necessary to be used in making such removals and replacements.
The applicant shall be required to provide a cash security deposit to the City in the amount
equal to twice the estimated expenses.
12.10.050 Other security guarantees.
A. An application hereunder shall be accompanied by:
1. A cash deposit or corporate surety bond in the sum to be determined by the City as
indemnity for any damage which the city may sustain by reason of damage or injury
to any highway, street, or alley, sidewalk or other property of the city, which may be
caused by or be incidental to the moving of any building over, along or across any
street in the city; and
2. A public liability insurance policy, naming the city as an additional insured, providing a
sum determined by the City to satisfy any claim by private individuals, firms,
corporations or other entities arising out of, caused by or incidental to the moving of
any building over, along, or across any street in the city; and
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ITEM PH-2/ 013-1
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3. By a cash deposit or corporate surety performance bond in the sum of $2,000,
conditioned upon the applicant, within 6 months from the date of the issuance of such
permit:
a. Completing the construction, painting and finishing of the exterior of the
building, and
b. Faithfully complying with all requirements of this chapter, the building code,
and the other ordinances then in effect within the city, including but not limited
to applicant completing such work within 6 months from the date of the
issuance of such permit;
B. In the event the provisions of MMC 12.10.050(A)(3) are not complied with within the time
specified, the sum of $2,000 shall be forfeited to the city as a penalty for the default, and
this shall be in addition to any other penalties provided for failure to comply with the terms
of this chapter.
12.10.060 Permit — conditions.
As a condition of securing the permit:
A. The applicant shall furnish the city with a set of plans and specifications for the completed
building; and
B. The applicant shall, prior to making any application for such permit, or within 10 days
after making such application, cause all of the interior or exterior walls, ceilings or flooring
to be removed to such extent as may be necessary to permit the city building inspector to
examine the materials and type of construction of such building to ascertain whether it
does or can be rehabilitated to comply with all existing building codes and ordinances of
the city when located on a new site within the city. Said inspection shall be at the
applicant's expense.
C. The applicant shall, after receiving a permit to move the structure on city streets, notify
the administrator of the proposed date and time of such move. Such proposed date and
time must be approved by the city before any structure is moved on any city highway,
street or alley.
12.10.070 Inspections.
The City's Building Official shall inspect the building and the applicant's equipment to
determine whether the standards for issuance of a permit are met.
12.10.080 Permit — grounds for refusal.
The City may refuse to issue a permit if it is found that:
A. Any application requirement or any fee or deposit requirement has not been complied
with;
B. The building is too large to move without endangering persons or property in the city;
C. The building is in such a state of deterioration or disrepair or is otherwise so structurally
unsafe that it could not be moved without endangering persons or property in the city;
D. The building is structurally unsafe or unfit for the purpose for which moved, if the building
is to be located in the city;
E. The applicant's equipment is unsafe and that persons and property would be endangered
by its use;
F. Zoning or other ordinances would be violated by the building in its new location;
G. For any other reason persons or property in the city would be endangered by the moving
of buildings.
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Final
ITEM PH-2/ 013-1
2 12.10.090 Appeal.
3 Any person aggrieved by the action of the administrator in refusing to issue a permit under
4 this chapter shall have the right to appeal such action to the hearing examiner pursuant to
5 chapter 2.78 MMC by filing a notice of appeal with the city clerk within 14 days of receiving
6 notice of the action from which appeal is taken.
98 12.10.100 Return of fees and deposits.
10 A. Return Upon Non -issuance. Upon the refusal of the administrator to issue a permit, the
11 administrator shall return to the applicant all fees, deposits and bond.
12 B. Return Upon Allowance for Expense. After the building has been moved, the City shall
13 prepare a written statement of all expenses incurred in removing and replacing all
14 property belonging to the city, and all material used in the making of the removal and
15 replacement together with a statement of all damage caused to or inflicted upon property
16 belonging to the city. The City shall return to the applicant all deposits after deduction of
17 a sum sufficient to pay for all of the cost and expenses and for all damage done to
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9 Property of the city by reason of the building.
20 12.10.110 Determination of route.
21
22 The City Engineer or designee shall designate the streets over which the building may be
23 moved. The designation of the streets shall be made with input from the City police
24 department. In designating the streets, the City shall act to assure maximum safety to
25 persons and property in the city and to minimize congestion and traffic hazards on public
26 streets.
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28 29 12.10.120 Responsibilities of applicant.
30 Every applicant under this chapter shall:
31 A. Use Designated Streets. Move a building only over streets designated for such use in the
32 permit;
33 B. Notify of Revised Moving Time. Notify the City in writing of a desired change in moving
34 date and hours as proposed in the application;
35 C. Notify of Damage. Notify the City in writing of any and all damage done to property
36 belonging to or located within the city within 24 hours after the damage or injury has
37 occurred;
38 D. Display Lights. Cause red lights to be displayed during the nighttime on every side of the
39 building, while standing on a street, in such manner as to warn the public of the
40 obstruction, and shall at all times erect and maintain barricades across the streets in such
41 manner as to protect the public from danger or injury by reason of the moving of the
42 building;
43 E. Street Occupancy Period. Remove the building from the city streets after 12 hours of
44 such occupancy, unless an extension is granted by the administrator;
45 F. Comply with Governing Law. Within 6 months from the date of issuance of the permit,
46 comply with all city building, fire and zoning ordinances, and all other applicable
47 ordinances and laws upon relocating the building in the city;
48 G. Safeguard Installation Site. Provide adequate barriers and warnings at any site within the
49 city where a building is to be located, sufficient to prevent access to any construction or
50 excavation site, by children or adults, during all phases of construction;
51 H. Pay Expense of Officer. Pay the expenses of a traffic officer ordered by the administrator
52 to accompany the movement of the building to protect the public from injury;
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ITEM PH-2/ 013-1
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I. Clear Premises. Remove all rubbish and materials and fill all excavations to existing
grade at the original building site and at the site at which the building is relocated so that
the premises are left in a safe and sanitary condition.
12.10.130 Enforcement.
A. Enforcement shall be pursuant to the notice of violation procedures set forth in MMC 1.15
MMC and the nuisances provisions in chapter 8.04 MMC.
B. Applicant Liable for Expense Above Deposit. The applicant shall be liable for any
expense, damages or costs in excess of deposited amounts or securities, and the city
attorney may prosecute an action against the applicant in a court of competent
jurisdiction for the recovery of such excessive amounts.
C. Premises Left Unsafe. The City may proceed with an abatement action pursuant to
chapter 8.04 MMC to do any work necessary to put the original premises, or the site at
which the building is relocated, in a safe and sanitary condition, where applicant does not
comply with the requirements of this chapter, and the cost thereof shall be charged
against the general deposit.
D. Cost of Enforcement. The applicant shall be responsible for all costs, including
reasonable attorneys' fees, incurred by the city in enforcing the requirements of this
chapter
Section 3. Chapter 15.04 of the Medina Municipal Code is hereby repealed.
Section 4. Chapter 15.08 of the Medina Municipal Code is hereby repealed.
Section 5. Chapter 15.12 of the Medina Municipal Code is hereby repealed.
Section 6. Chapter 15.16 of the Medina Municipal Code is hereby repealed.
Section 7. Section 17.76.030 of the Medina Municipal Code is hereby amended to
read as follows:
The placement of a guard rail on top of a retaining wall may exceed the maximum height
allowances by up to four feet provided that:
A. The Building Official determines a guard rail is required pursuant to the building codes
adopted in chapter ((4§.94)) 20.40 MMC; and
B. The component solid portions of the guard rail are evenly distributed and constitute no
more than 50 percent of the total surface area of the guard rail.
Section 8. Section 17.76.070 of the Medina Municipal Code is hereby amended to
read as follows:
A building permit is required to be obtained from the city prior to construction or repair of a
fence, wall or bulkhead, unless exempt pursuant to MMC ((15.04.030)) 20.40.050.
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1 Section 9. A new chapter 20.40 of the Medina Municipal Code is hereby adopted to
2 read as follows:
3
4 Chapter 20.40
55 BUILDING CODES
7 Sections:
8 20.40.010 State Building code adopted.
9 20.40.020 International Building Code — Subsection 101.2 amended.
10 20.40.030 Additional provisions adopted.
11 20.40.040 Building permit fees.
12 20.40.050 Work exempt from permit — subsections 105.2 and R105.2 amended.
13 20.40.060 Expiration — subsections 105.5 and R105.5 amended.
14 20.40.070 Work commencing before permit issuance — subsections 109.4 and R108.6
15 amended.
16 20.40.080 Certificate of Occupancy.
17 20.40.090 Other Inspections — subsections 110.3.8 and R109.1.5 amended.
18 20.40.100 Temporary certificate of occupancy — subsections 111.3 and R110.4
19 amended.
20 20.40.110 International building code, Appendix J (Grading) — section J103.2 amended.
21 20.40.115 International building code, Appendix J (Grading) — section J104 amended.
22 20.40.120 Definition of "chief" or "fire code official."
23 20.40.130 Plans submittal — compliance with international fire code.
24 20.40.140 Plans submittal —fire code official determination.
25 20.40.150 Review and inspections by fire department — fees.
26 20.40.160 Appeals.
27
28 20.40.010 State Building code adopted.
29
30 All construction activity and construction materials in the city shall be governed by the State
31 Building Code as adopted in Chapter 96, Laws of 1974, as updated by the State Building
32 Code Council to include the 2009 editions of the following codes with amendments:
33 A. International Building Code;
34 B. ICC/ANSI A117.1-03,
35 C. Accessible and Usable Buildings and Facilities;
36 D. International Residential Code;
37 E. International Mechanical Code;
38 F. Liquefied Petroleum Gas Code (NFPA 58);
39 G. National Fuel Gas Code (NFPA 54) for LP Gas;
40 H. International Fire Code;
41 I. Uniform Plumbing Code;
42 J. Washington State Energy Code;
43 K. International Existing Buildings Code; and
44 L. National Electrical Code (NFPA 70).
45
46 20.40.020 International Building Code — Subsection 101.2 amended.
47 Subsection 101.2 of the International Building Code is amended to read as follows:
48 101.2 Scope. The provisions of this code shall apply to the construction, alteration,
49 movement, enlargement, replacement, repair, equipment, use and occupancy, location,
50 maintenance, removal and demolition of every building or structure or any appurtenances
51 connected or attached to such buildings or structures.
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1
2 Exception: New and reconstructed detached one and two family dwellings not more than
3 three stories in height or 3,000 square feet or less in area, and additions or remodel
4 activity that does not exceed 25 percent of the value of the existing structure may be
5 constructed using the provisions of the International Residential Code (IRC), as amended
6 by the State Building Codes Council. All buildings and additions to buildings constructed
7 under the IRC shall comply with the code provisions in the International Fire Code, the
8 State Energy Code, the State Ventilation and Indoor Air Quality Code, and the Uniform
10 Plumbing Code and Standards.
11 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically
12 adopted.
13
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5 20.40.030 Additional provisions adopted.
16 The following optional provisions are adopted and incorporated into the Building Code:
17 A. Appendix J, Grading, of the International Building Code (IBC) and amendments thereto.
18 All administrative and enforcement provisions of the IBC and Medina Municipal Code
19 shall apply to this appendix in the same way that they apply to other elements of the
20 code.
21 B. Appendix B, Fire Flow Requirements for Buildings, and Appendix C, Fire Hydrant
22 Locations and Distribution of the International Fire Code (IFC) and amendments thereto.
23 All administrative and enforcement provisions of the IFC and the Medina Municipal Code
24 shall apply to these appendixes in the same way that they apply to other elements of the
25 code.
26 C. Appendix C, Exit Terminals of Mechanical Draft and Direct -Venting Systems, Appendix
27 H, Patio Covers, and Appendix R, Dwelling Unit Fire Sprinkler Systems of the WAC 51-
28 51-60105 of the International Residential Code (IRC) and amendments thereto. All
29 administrative and enforcement provisions of the IRC and the Medina Municipal Code
30 shall apply to these appendixes in the same way that they apply to other elements of the
32 code.
33 20.40.040 Building permit fees.
35 All permits issued by the City of Medina in conformance with the provisions of the referenced
36 codes in this title shall be subject to a plan review fee and/or a permit fee as prescribed in
37 Tables A, B, and C as adopted in chapter 17.44 and chapter 3.64 MMC. These fee
38 schedules are adopted by reference and incorporated into this title as though set forth herein
30 in their entirety.
41 20.40.050 Work exempt from permit — subsections 105.2 and R105.2 amended.
42
43 Subsection 105.2, of the IBC and Subsection R105.2, of the IRC, which lists work of a
44 building nature that is exempt from building permit requirements, are amended to read as
45 follows:
46
47 48 Building:
49 1. One-story detached accessory structures used as tool and storage sheds, playhouses
50 and similar uses, provided the floor area does not exceed 120 square feet.
51 2. All fences not over 4 feet in height above the existing or finished grade, whichever is
52 lower.
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1 3. New fences or repair to existing fences not exceeding a fair market value of $3,000 and 6
2 feet in height above grade. This exemption shall not apply to structures designed or
3 intended to be used for sound attenuation purposes.
4 4. Retaining walls that are not over 4 feet in height measured from the bottom of the footing
5 to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA
6 liquids.
7 5. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over
8 any basement or story below and are not part of an accessible route.
9 6. Temporary motion picture, television and theater stage sets and scenery limited to being
10 erected not more than 30 days.
11 7. Temporary, prefabricated or mobile structures to be used on -site during construction and
12 removed upon completion of the project.
13 8. Swings and other playground equipment accessory to detached one and two family
14 dwellings and not affecting the structural coverage allowance of the lot.
15 9. Interior and exterior trim, painting, papering, tiling, cabinets, counter tops, carpeting,
16 finished flooring and other similar finish work for which inspection to verify code
17 compliance is not required.
18 10. Pre -fabricated swimming pools located above grade that contain water not over 24
19 inches in depth.
20 11. Ornamental or decorative ponds or pools that contain water not over 24 inches in depth.
21 12. Non -fixed and moveable fixtures, cases, racks, counters and partitions not over 5 feet, 9
22 inches, in height.
23 13. Any work not regulated by provisions of this code or any elements of the State Building
24 Code.
26 The listings of exemptions for Electrical, Gas and Mechanical shall remain unchanged.
27
288 20.40.060 Expiration — subsections 105.5 and R105.5 amended.
29
30 Subsection 105.5 of the International Building Code and Subsection R105.5 of the
32 International Residential Code are hereby amended to read as follows:
33 Expiration. Every permit issued shall become invalid unless the work authorized by
34 such permit is commenced within 180 days after its issuance. The building official is
35 authorized to grant, in writing, one or more extensions of time, for periods not more than
36 180 days each. The extension shall be requested in writing and justifiable cause
37 demonstrated. The processing of the extension may be subject to a fee set forth in the
39 adopted fee schedule.
40 All work authorized by a permit shall be completed and final inspections made within 18
41 months from the date the permit is issued and all permits shall finally expire by limitation
42 18 months from the date of issuance.
43
44 If work or inspections are incomplete at the time a building permit expires, the property
45 owner or their authorized agent may renew action on an expired building permit by
46 obtaining a new permit and paying a new permit fee. The permit fee shall be based upon
47 the building official's determination of percentage of inspection completed and the fee
48 schedule in effect at the time a new permit application is submitted. However, the permit
49 fee shall not be less than 25 percent of the fee calculated using the fee schedule in effect
50 at the time the new permit application is submitted. Any previous fees owed on the
52 expired permit shall be paid before a new permit is issued.
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If work or inspections are incomplete at the time a permit, other than a building permit,
expires, the property owner or their agent may renew action on the expired permit by
obtaining a new permit and paying a new full permit fee based upon the fee schedule in
effect at the time the new permit application is submitted.
20.40.070 Work commencing before permit issuance — subsections 109.4 and
R108.6 amended.
Subsection 109.4 of the International Building Code and Subsection R108.6 of the
International Residential Code are amended to read as follows:
Any person who commences work requiring a permit on a building, structure, electrical,
gas or plumbing system before obtaining the necessary permits shall be subject to an
investigation and administration fee equal to the amount of the permit fee. This fee is in
addition to all other fees that may apply to the project.
20.40.080 Certificate of Occupancy.
When a series of related permits, such as grading, drainage, tree mitigation, swimming pool,
fencing, or permits for separate accessory buildings, are issued in conjunction with a building
permit for the renovation, reconstruction, or new construction of a residence; the certificate of
occupancy for the residence shall not be issued until all regulated work under all related
permits and all work included in the scope of work identified in the city's construction
mitigation review has been completed, inspected, and approved and all fees and charges
have been paid.
20.40.090 Other Inspections — subsections 110.3.8 and R109.1.5 amended.
Subsection 110.3.8 of the International Building Code and Subsection R109.1.5 of the
International Residential Code are amended to read as follows:
In addition to regular code specified inspections, special inspections, and structural
observations required by this code, the building official may require visual observation and
testing to confirm compliance with approved construction documents for structural systems,
mechanical systems, plumbing systems, and energy systems. This inspection requirement
shall apply to all projects involving 4,000 square feet or greater of new or additional floor
area, or where the building official determines such a requirement is necessary. All costs for
inspections under this subsection are the responsibility of the permit holder.
20.40.100 Temporary certificate of occupancy — subsections 111.3 and R110.4
amended.
Subsection 111.3 of the International Building Code and Subsection R110.4 of the
International Residential Code are amended to read as follows:
Temporary occupancy. The building official is authorized, but not required, to issue a
temporary certificate of occupancy before completion of the entire work covered by the
permits issued, provided that such portion or portions shall be occupied safely. A
temporary certificate of occupancy may only be issued in association with a valid building
permit. A cash financial guarantee shall be required in an amount set at 50 percent of
the permit fee, or $10,000, whichever is the lesser amount. A temporary certificate of
occupancy is valid for a period not to exceed 90 days from the date of issuance.
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Administration fees for costs incurred by the city to process the temporary certificate of
occupancy will be assessed per the adopted fee schedule.
20.40.110 International building code, Appendix J (Grading) — section J103.2
amended.
Subsection J103.2, of the IBC, which lists work of a grading nature that is exempt from
permit requirements, is amended to read as follows:
J103.2 Exemptions. A grading permit shall not be required for the following:
1. Grading in an isolated, self-contained area, provided there is no danger to the public,
and that such grading will not adversely affect adjoining properties.
2. Excavation for construction of a structure permitted under this code not exceeding 25
cubic yards.
3. Refuse disposal sites controlled by other regulations.
4. All excavation for wells for utilities.
5. All excavation for trenches for utilities requiring a right-of-way permit.
6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate
or clay controlled by other regulations, provided such operations do not affect the
lateral support of, or significantly increase stresses in, soil on adjoining properties.
7. Exploratory excavations performed under the direction of a registered design
professional.
8. Excavations and grading involving the movement of 25 cubic yards of earth or less,
and not involving a critical area.
9. A fill less than one foot in depth, and placed on natural terrain with a slope flatter than
5 horizontal to one vertical, or less than 3 feet in depth, not intended to support any
structures, which does not exceed 25 cubic yards on any one lot and does not
obstruct a drainage course.
Exemption from the permit requirements of this appendix shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this
code or any other laws or ordinances of this jurisdiction.
20.40.115 International building code, Appendix J (Grading) — section J104
amended.
Section J104 of Appendix J of the International Building Code is amended to add a new
subsection to read as follows:
J104.5 Review by the City Engineer. In addition to the plan review by the Building
Official, all requests for grading permits shall be submitted to the City Engineer or
designee for review and comment prior to approval and issuance of the permit by the
Building Official.
20.40.120 Definition of "chief" or "fire code official."
All references to "chief" within this chapter and within the International Fire Code shall refer
to the Chief of the Bellevue Fire Department. All references to "fire code official' shall refer
to the authority designated by the chief, or a duly authorized representative, who is charged
with the administration and enforcement of the fire code.
20.40.130 Plans submittal — compliance with international fire code.
10 of 13
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1 Before a building permit application shall be submitted to the City for a new residence or new
2 accessory structure or for an improvement to an existing residence or accessory structure,
3 which improvement constitutes reconstruction, the applicant shall submit plans and data to
4 the Bellevue Fire Department for review and determination of compliance with the
5 International Fire Code. The submittal shall contain sufficient data as the fire code official
6 shall require for making such a determination. The provisions of this section are also
78 applicable to all projects under the provisions set forth in MMC 20.40.020.
9 20.40.140 Plans submittal —fire code official determination.
10
11 When the fire code official has determined the plans for a proposed project comply with the
12 International fire Code, including any stipulated conditions, the applicant shall obtain the fire
13 code official's approval on two sets of plans. The set of plans with the fire code official's
14 approval shall be included in the documents for the building permit application that is
15 submitted to the City and shall be incorporated into the approved set of building permit
16 documents together with all conditions and inspection requirements noted or required by
177 code.
18
199 20.40.150 Review and inspections by fire department — fees.
20
21 The City is authorized to charge and collect fees to recover the cost to the City for the
22 services of the Bellevue Fire Department related to determining compliance with the
23 international fire codes. The fees shall be based on the fee schedule adopted in chapter
24 17.44 and chapter 3.64 MMC.
25
26 20.40.160 Appeals.
27
28 In order to hear and decide appeals of orders, decisions or determinations made by the
29 Building Official or the Fire Code Official relative to the application and interpretation of the
30 State Building Code, applicants shall have a right of appeal to the Hearing Examiner, as
31 provided in Chapter 2.78 MMC. This appeal process shall replace any reference to a board
32 33 of appeals in the adopted codes.
34 An application for appeal shall be based on a claim that the true intent of the subject code or
35 the rules legally adopted there -under have been incorrectly interpreted, the provisions of this
36 code do not fully apply, or an equally good or better form of construction is proposed. The
377 hearing examiner shall have no authority to waive requirements of the State Building Code.
38
39 Section 10. A new chapter 20.41 of the Medina Municipal Code is hereby adopted to
40 read as follows:
41
42 CHAPTER 20.41
43 UNDERGROUND WIRING
44
45 Sections:
46 20.41.010 Required generally.
47 48 20.41.020 Entrance wiring.
50 20.41.010 Required generally.
51 The provision of utilities in plats shall include improvement with underground electrical power
53 and telephone service to each building site.
54
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2 20.41.020 Entrance wiring.
3 Entrance wiring for electrical power service or telephone service to each structure served
4 shall be by way of underground wiring so that no overhead wiring for such purposes is added
5 upon the building site, or between such site and the source of service in the street; provided,
6 however, that this requirement shall have reference only to new construction where, if such
7 new construction be for the purpose of remodeling an existing structure, the value of the
8 improvement exceeds that of the preexisting structure; and that if the applicant for a building
9 permit for such new construction files complete plans for the most economical sufficient
10 installation of such underground service and demonstrates that the cost of such service by
11 reason of the peculiar circumstances of his property will be extraordinary, then this
12 requirement may be waived until such time as the compelling circumstances of difficulty shall
13 have been obviated.
14
15 Section 11. A new chapter 20.42 of the Medina Municipal Code is hereby adopted to
16 read as follows:
17
18 Chapter 20.42
19 BUILDING NUMBERING
20
21 Sections:
22 20.42.010 Address number — designation and re -designation.
23 20.42.020 Address number — display.
24 20.42.030 Address number — placement required.
25 20.42.040 Violation — penalty.
26
27 28 20.42.010 Address number — designation and re -designation.
29 A. The Building Official shall be responsible for assigning a street address to each residence
30 or other building applying for a building permit. Such addresses shall be assigned based
31 upon a uniform system to be adopted by the Building Official, designed to facilitate
32 prompt response and location of the building by emergency vehicles.
33 B. The Building Official may re -designate street addresses to residences and buildings
34 where, in his opinion, an existing street address could be confusing or otherwise delay
35 the response time of emergency vehicles.
36
377 20.42.020 Address number — display.
39 The house number of each address previously or hereafter assigned to a residence shall be
40 posted in conformance with the requirements of this chapter with numerals at least three
41 inches high composed of durable and clearly visible material in colors contrasting with the
42 background.
43 A. Addresses for all residences which are clearly visible from a public street or road shall be
44 posted on said residence or on a secure and durable sign post in an area where they will
45 be clearly visible from the adjacent street or road.
46 B. Addresses of all residences not clearly visible from the public street or road shall be
47 conspicuously posted on a secure and durable sign post which is clearly visible from the
48 public street or road from which the building or residence obtains access.
49 C. Where two or more residences obtain access by means of a private lane, the addresses
50 of all such residences shall be conspicuously posted on a secure and durable sign post
51 visible from the public road or street where the private lane originates and the address for
52 each individual residence shall be posted in similar manner at the point at which the
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driveway or other access to the residence originates upon the private lane or on the
residence if the address is clearly visible from the lane.
20.42.030 Address number — placement required.
If the owner of any residence fails, refuses or neglects to place the numbers described in this
chapter, or to replace them when necessary, the Building Official may cause a notice to be
personally served on such owner, or upon any person residing in the residence or may serve
the notice by registered mail addressed to the owner or resident at his last known address,
ordering him to place or replace the number. Such owner or resident shall comply with such
notice within 10 days from the date of service.
20.42.040 Violation — penalty.
Violations of this chapter shall be subject to the notice of violation enforcement procedures
and penalties set forth in chapter 1.15 MMC.
Section 12. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of any other section, sentence,
clause, or phrase of this ordinance.
Section 13. Effective Date. This ordinance shall take effect July 1, 2010.
PASSED BY THE CITY COUNCIL ON THIS _ DAY OF , 2010 AND SIGNED IN
AUTHENTICATION OF ITS PASSAGE ON THE DAY OF , 2010.
Approved as to form:
, City Attorney
Bret Jordan, Mayor
Attest:
Rachel Baker, City Clerk
13 of 13
ITEM OB-2
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: Draft Code Amendment Relating to Wireless Communication
Facilities
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ® Other - Discussion
STAFF REPORT BY: Robert J. Grumbach
BACKGROUND/SUMMARY:
Staff has prepared a draft and staff analysis for a code amendment relating to wireless communication
facilities. The draft intends to strike a balance between protecting existing community aesthetics and
providing opportunity for infrastructure that supports wireless communication coverage in Medina. The
draft is based on keeping much of the existing standards and restrictions while permitting wireless
communication facilities within City rights -of -way. However, within the right-of-way, allowances are
made for greater flexibility regarding setbacks and height.
This draft should be considered preliminary. There still are items needing attention including two
policy questions with important implications. Those policy questions are:
• Whether facilities for electronic and mechanical equipment (referred to as ancillary facilities in
the draft) should continue to be underground; and
• Whether a special use permit should be required for wireless communication facilities in the
City rights -of -way.
The draft maintains the status quo. The implication of changing code to allow ancillary facilities
aboveground is that this may have to be applied universally in order to be non-discriminatory under the
Federal Telecommunication Act. Consequently, continuing to require undergrounding could constrict
an already limited supply of available land in which to locate larger ancillary facilities such as a central
HUB for a DAS network. Ultimately, this is a question of aesthetics for the community.
The implication of changing code to not require a special use permit for facilities in the rights -of -way is
that compliance with this chapter would be done so administratively through a building permit process
rather than through the quasi-judicial process of a public hearing. The primary implication is that a
building permit process does not allow for public input.
Additional analysis is included in the draft document.
Note: An analysis of added height at Fairweather Park is not included in this report as more time is
needed to evaluate the feasibility.
Attachments: Draft code amendment with staff analysis
BUDGET/FISCAL IMPACT: None
STAFF RECOMMENDATION: Provide Direction on Important Policy Issues
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: None
Draft and Staff Analysis
ITEM OB-2
General Comments: This chapter is revised to primarily add wireless communication facilities as
a permitted use within City rights -of -way. However, revisions also include updated code
language and integration of this chapter with other recent and proposed code amendments.
Important policy questions requiring resolution (they are elaborated on later in this staff analysis)
are as follows:
• Whether ancillary facilities with mechanical equipment should continue to be
undergrounded.
Whether a special use permit should be required for wireless communication facility
located in the City rights -of -way, which require a franchise agreement.
Note: The Federal Communication Act (1996) and the 1996 code adoption of chapter 17.90
MMC serve as the base of this draft. Updates are based on Council direction, review and
comments by the City Attorney and the City's consultants, and review of code language from
Lake Oswego, OR, and Mt. Vernon, NY.
Chapter 17.90
WIRELESS COMMUNICATIONS
FACILITIES
Sections:
17.90.010
Purpose.
17.90.020
Nondiscrimination.
17.90.030
Applicability.
17.90.035
Licensed amateur (HAM) radio.
17.90.040
Definitions.
17.90.050
Permitted locations.
17.90.060
Parks and Public Places zoning — limitations.
17.90.070
Site requirements — outside of City rights -of -way.
17.90.080
Site requirements — City rights -of -way.
17.90.090
Security fencing.
17.90.100
Concealment.
17.90.110
Co -location.
17.90.120
Special use permit required.
17.90.130
Application submittal requirements.
17.90.140
Requirement to demonstrate need for facility.
17.90.150
Radio frequency standards.
17.90.160
Assignment of subleasing.
17.90.170
Maintenance required.
17.90.180
Abandoned facilities.
Draft and Staff Analysis
ITEM OB-2
17.90.010 Purpose.
Staff Comment. This section is revised for simplicity and adds a new purpose relating to co -
location.
The purpose of this chapter is to establish design, permitting, and placement standards for
wireless communication facilities that:
A. Provides adequate wireless communication coverage to the residents of the City, the
traveling public, and others within the City's jurisdiction;
B. Ensures wireless communication facilities are consistent with the residential character of the
City;
C. Establishes development standards for wireless communication facilities that take into
account the scale (height and mass), proximity to each other, and the informal landscaping
that contribute to the distinctive setting of the community; and
D. Maximizes the use of any support structure and existing suitable structures and buildings in
order to reduce the need to construct or install new support structures.
17.90.020 Nondiscrimination.
Staff Comment. Nondiscrimination is federal law. This provision is based on existing language
in the Medina Code and the Federal Communication Act. It is included as informational.
The Federal Telecommunication Act provides that the City shall not discriminate among
providers of functionally equivalent services. The Federal Communication Commission
considers cellular, PCS, mobile radio, paging and enhanced mobile radio service providers all to
be "functionally equivalent". All that is required to avoid discrimination is that all providers be
treated identically and subjected to the same rules.
17.90.030 Applicability.
Staff Comment. This section is expanded to clarify by identifying uses considered exempt.
Chapter 17.90 currently applies to wireless communication facilities that have commercial
purposes. The exemptions below are noncommercial facilities.
A. The provisions of this chapter shall apply to all new and expansion and/or alteration of
wireless communication facilities located within the boundaries of the City, except for the
following:
1. Those facilities used for the purpose of public safety by public or semi-public entities,
such as police, and 911 communications systems;
2. Wireless radio utilized for emergency communications in the event of a disaster;
3. Licensed amateur (ham) radio provided the criteria in MMC 17.52.035 are satisfied;
4. Satellite receiving systems subject to MMC 17.52.060;
5. Non-commercial parabolic antennas less than 2 meters in diameter, including direct
home satellite services, when an accessory use.
B. It is the express intent of the City to impose all regulations in this chapter to all land within
the City, whether publicly or privately held including private property, city property, state-
owned right-of-way, and/ or church property, utility property and school property.
2
Draft and Staff Analysis
ITEM OB-2
17.90.035 Licensed amateur (HAM) radio.
Staff Comment. This is a new section intended to ensure antennas are not erected that are out
of character with the residential setting of the neighborhood. State and federal law imposes
limits upon regulations of ham radios, but do not outright prohibit such regulations. The key is
that reasonable accommodations must be made.
Antennas for the receiving and sending of amateur radio devices (HAM) shall be exempt from
the requirements of this chapter provided that:
A. The height of the antenna, including any tower, does not exceed the maximum zoning
height applicable to the property;
B. The radio is owned and operated by a federally licensed amateur radio station operator, or
is used exclusively for "receive only' antennas.
C. No lights of any kind shall be attached to, and no direct or indirect means of artificial
illumination shall be employed, on the antenna or tower;
D. Concealment pursuant to MMC 17.90.100 shall be incorporated into the antenna and tower
to the extent allowed under the requirements set forth by the Federal Aviation
Administration;
E. Towers shall not be located within any setback areas and must be placed a distance equal
to or greater than its height (not including the antenna) from all property lines and existing
residential structures;
F. No signs shall be permitted except as required by federal regulations, which such a sign
shall be limited to one in quantity and be no larger than 8 1/2 inch by 11 inches;
G. The tower shall not be used for commercial purposes; and
H. Towers must meet all applicable state and federal statues, rules and regulations, including
obtaining a building permit from the City, if necessary.
17.90.040 Definitions.
Staff comment: Definitions are: added for ancillary facilities (replaces equipment enclosure),
service area, coverage gap, view sheds, security barrier; deleted for ancillary antenna and
equipment enclosure; and revised for antenna, wireless communication facility, and support
structure.
A. Words in this chapter used in the singular shall include the plural, and the plural shall
include the singular, unless the context clearly indicates the contrary.
B. The following definitions apply to this chapter:
1. "Ancillary facilities" means the structures and equipment required for operation of
wireless communications, including, but not limited to repeaters, radios, cabling, power
meters, equipment housing structures, ventilation and other related equipment.
Note: This definition replaces equipment enclosures and has broader application.
2. "Antenna" means an electrical conductor or group of electrical conductors that transmit
or receive radio waves or microwaves.
3. "Antenna, Omni -directional (or whip)" means an antenna that receives and transmits
signals in a 360 degree pattern, and which is 4 inches or less in diameter and 15 feet or
less in height.
4. "Antenna, Directional (or panel)" means an antenna that receives and transmits signals
in a directional pattern typically encompassing an arc of 120 degrees.
5. "Antenna, Parabolic (or dish)" means a bowl -shaped device that receives and transmits
signals in a specific directional pattern.
3
Draft and Staff Analysis
ITEM OB-2
6. Antenna, Tubular Panel' means an antenna which is 18 inches or less in diameter and
less than 8 feet in height, and which is capable of receiving or transmitting signals in a
360 degree pattern. This includes a configuration of multiple panel antennas located
within a single shroud that gives the appearance of a single antenna.
Note: This definition is revised based on consultant feedback. It is the appearance
rather than the number of antennas within the shroud that matters.
7. "Co -location" means the use of a single support structure and/ or site by more than one
telecommunication carrier of wireless communication.
8. "Coverage gap" means a geographic area where a telecommunication carrier has a
significant gap in service coverage.
Note: "significant gap" is a review criterion established by federal and state case law.
9. "Existing nonresidential building" means an existing building or structure that contains a
nonresidential use or supports a nonresidential use.
10. "Lattice tower" means a support structure characterized by an open framework of lateral
cross members which stabilize the structure.
11. "Monopole" means a single upright pole, engineered to be self supporting and does not
require lateral cross supports and is sunk into the ground and/ or attached to a
foundation.
12. "Residential use property" means all portions of any property which contain a residence
and all portions of any vacant property which is zoned for residential use, including
property located in adjoining jurisdictions.
13. "Security barrier" means an obstruction, such as fences, walls, vegetation and similar
elements that restricts public access.
14. "Service area" means the vicinity around a wireless communication facility that
effectively receives signals from and transmits signals to the facility at the strength of
signal required by the Federal Communication Commission.
15. "Support structures" means the structure to which antennas and other necessary
associated hardware are mounted, including, but not limited to lattice towers,
monopoles, utility and light poles, and existing nonresidential buildings. Buildings with
residential usage shall not be utilized as a support structure.
Note: This is revised to add utility & light poles and clarify that residential buildings
cannot be support structures.
16. View -shed" means the environment that is visible from one or more viewing points.
17. "Wireless communication facility" means a facility designed and used for the purpose of
transmitting, receiving, and relaying voice and data signals from various wireless
communication devices for commercial purposes. This may include any combination of
antennas, ancillary facilities, support structures, and security barriers.
Note: This is revised with the intent of simplifying while broadening what constitutes a
wireless communication facility. Final language is still being reviewed.
17.90.050 Permitted locations.
Staff Comment: The restrictions below reflect current code with the exception of allowing
wireless communication facilities in City rights -of -way. Note: R-30 District is not listed as an
allowed zone because the only nonresidential use located in the R-30 District is the east parcel
of Medina Beach Park.
Wireless communication facilities may be permitted at the following locations:
A. Properties zoned R-16 District, R-20 District, and SR-30 District containing a nonresidential
use; and
B. Properties zoned Neighborhood Auto and Primary State Highway; and
11
Draft and Staff Analysis
ITEM OB-2
C. Properties zoned Parks and Public Places, subject to the limitations set forth in MMC
17.90.060; and
D. Open and un-opened City rights -of -way.
E. All other locations within the City's jurisdiction are prohibited.
17.90.060 Parks and Public Places zoning — limitations.
New support structures are prohibited in all portions of City parks, except those portions of
Fairweather nature Preserve that are non -forested and adjacent to the state highway right-of-
way.
17.90.070 Site requirements — outside of City rights -of -way.
Staff Comment: The standards are based on existing regulations. This section consolidates
language from various sections and revises for better clarity.
The following site requirements are applicable to wireless communication facilities which are
located pursuant to MMC 17.90.050(A), (B) and (C).
A. An antenna and ancillary facility may utilize an existing nonresidential building as a support
structure provided that:
1. Only one of the following antennas may be mounted on the building:
a. One tubular panel antenna; or
b. One whip antenna; or
c. One non -reflective parabolic dish antenna not more than one -foot in diameter.
d. When co -location is proposed, more than one of the above antennas may be
mounted on the nonresidential building provided each telecommunication carrier
shall be limited to one antenna.
e. This subsection shall not apply to Global Positioning System (GPS) antennas less
than 12 inches at its greatest dimension.
2. Maximum height, including the height of the antenna, shall be limited to the more
restrictive height of 35 feet above finished or original grade, whichever is lower, or
a. Six feet, eight inches, measured to the top of a tubular antenna above the roof
proper at the point of attachment;
b. Ten feet measured to the tip of a whip antenna above the roof proper of the existing
building at the point of attachment;
c. Five feet measured to the top of a parabolic dish above the roof proper of the
existing building at the point of attachment.
3. Antennas and ancillary facilities shall be set back a distance of at least 500 feet from the
property line of all residential use properties.
4. Ancillary facilities must be located within the nonresidential building where the antenna is
mounted or placed underground as set forth in MMC 17.90.070(B)(4).
5. In addition to the provisions prescribed by this subsection, if a support structure is
attached to a nonresidential building, the provisions in MMC 17.90.070(B) shall apply as
applicable.
B. An antenna and ancillary facility may utilize a support structure that is not a building such as,
but not limited to, a lattice tower or a monopole, provided that:
1. The support structure shall be designed and placed on the site in a manner that takes
maximum advantage of existing trees, mature vegetation, and structures so as to:
a. Use existing site features to screen as much of the total facility as possible from
prevalent views; and/ or
b. Use existing site features as a background so that the total facility blends into the
background with increased sight distances.
5
Draft and Staff Analysis
ITEM OB-2
2. Maximum height of the antenna and support structure shall be limited to 35 feet above
original or finished grade, whichever is lower.
3. Antennas and ancillary facilities shall be set back a distance of at least 500 feet from the
property line of all residential use properties.
4. Ancillary facilities shall be placed underground subject to the following:
a. Up to 5 inches may be located above the finished or original grade, whichever is
lower; and
b. All visible portions of the structure shall be screened by dense vegetation approved
by the City from the view of neighboring properties and City rights -of -way; and
c. The location of the facility would not interfere with existing uses of public land.
17.90.080 Site requirements — City rights -of -way.
Staff Comment: This is a new section to add wireless communication uses to the City's rights -
of -way. Wireless communication facilities would be limited to existing utility and light poles.
However, many other existing regulations, such as height and undergrounding of ancillary
facilities are carried over into this section, except where noted otherwise.
The following site requirements are applicable to wireless communication facilities which are
located pursuant to MMC 17.90.050(D).
A. Antennas shall be mounted on a support structure consisting of an existing utility or light
pole, except as provided for in MMC 17.90.080(F).
B. Maximum height of the antenna and support structure shall be limited to 35 feet from the
existing grade, except the height may be increased up to 10 feet administratively by the City
manager or designee without the requirement of a variance provided the following can be
demonstrated:
1. The increase in height above the maximum height is the minimum necessary to
eliminate coverage gaps;
2. Factors such as, but not limited to separation from electrical transmission lines on the
same pole, and/ or proliferation of such facilities at a lower height, may be considered
when determining the minimum height necessary; and
3. Negative visual impacts on adjacent properties can be minimized by incorporating
screening or concealment pursuant to MMC 17.90.100.
4. The City may require the applicant to pay for a third party review who is approved by the
City to verify the need to increase the height.
Staff Comment. A new provision for administrative approved increases to height is added to
allow greater flexibility since standard utility poles are about 40 feet in height.
C. No minimum setback distances from property lines are required for wireless communication
facilities located in a City right-of-way provided that:
1. The applicant can demonstrate the location of antennas and ancillary facilities have the
least intrusive impact on the high -quality residential setting of the community as
described in the Medina comprehensive plan after considering technical, engineering,
and other pertinent factors; and
2. The purpose statements set forth in MMC 12.32.010 (Structures in Unimproved Portions
of Public Rights -of -way) are applied.
Staff Comment. No setbacks are recommended because City rights -of -way are typically 60
feet wide and existing utility and light poles are already placed. Requiring a setback would
likely trigger unnecessary variance requirements. However, although a setback is not
no
Draft and Staff Analysis ITEM 013-2
required, it is preferred that carriers look to locate their facilities in a manner that minimizes
impacts to adjacent properties. The purpose statements in chapter 12.32 are referenced to
connect this chapter with requirements for other structures in the rights -of -way.
D. Except for co -location, wireless communication facilities shall be separated by a distance of
at least 750 feet from the next nearest wireless communication facility. Distances shall be
measured in a straight line from the base of the support structure.
Staff Comment. The separation requirement is intended to prevent excessive clustering.
Note: Utility poles are typically placed 125 feet apart meaning facilities could be located
every 61" pole.
E. Ancillary facilities shall be placed underground as set forth in MMC 17.90.070(B)(4), except
the following small ancillary facilities may be mounted on the same support structure as the
antenna:
1. Electrical conduits for data and power; and
2. Up to 2 equipment boxes having a volume of 6 cubic feet or less and having a clearance
of at least 12 feet above the street grade.
Staff Comment. This section allows an exception to the undergrounding of ancillary
facilities. The number and size of equipment boxes shown here are intended as holding
numbers subject to further input.
F. When an existing utility or light pole is unavailable due to utilities being underground, the
following shall apply:
1. The City Council may approve, as part of a franchise agreement, the appearance
parameters of an alternative support structure on which antennas may be mounted
provided that:
a. Concealment consistent with MMC 17.90.100 and approved by the City Council is
incorporated into the design of the support structure;
b. All ancillary facilities, except for conduit used to transmit, are located within the
interior of the support structure or are underground as set forth in MMC
17.90.070(B)(4); and
c. All other provisions of this chapter are applied.
2. The City Council may delegate its authority under this section to the City manager or
designee as part of the approval of a franchise agreement.
G. Existing utility and light poles shall include replacement poles at the same location for
purposes of maintenance or to accommodate the addition of wireless communication
facilities.
Staff Comment: An important policy question is the requirement to underground ancillary
facilities current set forth in the code. The central HUB facility for a DAS system tends to be
larger than equipment enclosures for typical cell tower systems. Unless the right-of-way is
unopened, it is unlikely a HUB facility can fit within a right-of-way and will need to be located on
property regulated under "Site requirements outside of City rights -of -way". The limited number
of properties available with nonresidential uses would be reduced further for larger ancillary
facility if they must be underground. However, in order to not discriminate under the federal and
state telecommunication act, allowing larger ancillary facilities above ground would likely require
the City to open up allowing all ancillary facilities above ground. (Note: they would still be
subject to concealment and screening.)
7
Draft and Staff Analysis
17.90.090 Security barrier.
Staff Comment: This is a new section based on existing code language, but revised to better fit
with existing fence and wall regulations in chapter 17.76 MMC.
When a security barrier includes a fence, wall or similar free standing barrier, the following shall
apply:
A. The height shall not exceed 6 feet measured from the point of existing or finished grade,
whichever is lower at the exterior side of the structure to the highest point of the structure.
B. A sight -obscuring vegetated landscaped barrier shall be installed and maintained to screen
the barrier from adjoining properties and City rights -of -way.
1. Placement of landscaping shall include areas outside of the fence and shall consist of
vegetation that will obscure the site within 12 months.
2. Landscaping and the design of the barrier shall be compatible with other nearby
landscaping and fencing.
C. If a chain -linked fence is used, it shall be painted or coated with a non -reflective color.
D. The limitations set forth for walls and fences in MMC 17.76.030 shall apply. The limitation
for a chain -link fence shall not apply if the wireless communication facility is located in the
City rights -of -way.
17.90.100 Concealment.
Staff Comment. This section reflects existing code language, but was revised for better clarity,
including adding examples.
A. All wireless communication facilities and ancillary facilities shall be screened, hidden or
disguised from surrounding properties. The following are examples of concealment
techniques that may be required:
a. Screening matching color, size, proportion, style, and quality with the exterior design and
architectural character of a nonresidential building;
b. Antenna panels mounted either inside the structure or behind proposed screening
elements and not on the exterior face of the structure;
c. Limiting ancillary facilities to only small equipment components when mounted on utility
or light poles;
d. Other techniques that prevent the facility from visually dominating the surrounding area.
B. Antennas and support structures shall be screened, hidden or disguised, or shall be painted
or colored to blend into the structure or surroundings using a non -reflective color or color
scheme that is appropriate to the background against which the facility would be viewed
from a majority of points within its view -shed.
17.90.110 Co -location.
Staff Comment. This section reflects existing codes, except it was revised to better clarify that a
good -faith effort will serve as meeting this requirement. Criteria were added to provide clarity to
what constitutes a good -faith effort.
A. An applicant shall cooperate with owners of existing wireless communication facilities in co -
locating additional antennas on support structures.
B. Before an application for a new support structure is accepted, applicants shall demonstrate
that they have made a good -faith effort to co -locate with other support structures currently
used for wireless communication facilities, and no co -location opportunities are available.
N.
Draft and Staff Analysis
ITEM OB-2
C. An applicant shall be considered to have demonstrated a good -faith effort when they can
demonstrate that:
1. No existing or approved (but not built) support structures are available within the service
area meeting the applicant's engineering requirements;
2. No existing support structures are available which provide or may be practically modified
to provide sufficient height to meet the applicant's engineering requirements;
3. No existing support structures are available which provide or may be practically modified
to provide sufficient structural strength to support the applicant's proposed antenna and
related equipment;
4. The applicant's proposed antenna would cause electromagnetic interference with
existing antennas on the support structure, or the existing antennas would cause
electromagnetic interference with the applicant's antenna if it is located on the support
structure when properly maintained and operated according to applicable law and
manufacturer's guidelines.
5. Other limiting factors are present that render existing support structures unsuitable.
D. In the event a dispute arises as to whether an applicant has exercised good -faith in
determining co -location opportunities, the City may require a third party technical study at
the expense of the applicant.
E. Failure to comply with the co -location requirements of this section may result in the denial of
an application or revocation of an existing permit.
F. The City may require new towers to be constructed so as to accommodate future co -
location, based on expected demand for transmission towers in the service area, provided
this requirement would not cause the application to be rejected by the City.
17.90.120 Special use permit required.
Staff Comment: Current Medina Code requires wireless communication facilities to obtain
approval of a special use permit from the hearing examiner. One of the primary reasons for
requiring a special use permit is the significant amount of discretion that is exercised in making
sure these facilities fit into the character of the surrounding neighborhood.
An important policy question is whether a special use permit shall be required for facilities
located within City rights -of -way. Right-of-way facilities require a franchise agreement, which
has a public hearing. However, notice for a franchise agreement is general and not site -
specific. It is worth noting that a franchise agreement is not a quasi-judicial action and the
approval criteria for a franchise agreement are different than a special use permit. A holder of a
franchise agreement is still required to demonstrate compliance with this chapter, but it would
be done through an administrative review of a building permit rather than a special use permit
process.
Also worth noting: the permit expiration timelines in the current code are removed. The reason
the one to five year expiration timelines were originally adopted was to allow for the City to
evaluate the onset of new technologies. However, it is economic forces and not the permitting
process that will determine whether carriers propose new technologies.
A non -administrative special use permit is required for all wireless communication facilities.
A. An approved special use permit shall become null, void and nonrenewable if the wireless
communication facility is not constructed within one year of the date the decision on the
special use permit becomes final.
E
Draft and Staff Analysis
ITEM OB-2
B. The City manager or designee may grant a 6-month extension, if construction has
commenced before expiration of the one year deadline and an extension fee is paid
prescribed by the City's fee schedule.
C. The applicant shall maintain the facility to the standards that may be imposed by the special
use permit.
D. In addition to the special use permit, construction permits and construction mitigation may
also apply.
17.90.130 Application submittal requirements.
In addition to the submittal requirements set forth in MMC 17.56.020, all applications for
wireless communication facilities shall include the following information.
A. A copy of the FCC license and any other applicable licenses applicable to the intended use
of the wireless communication facilities.
B. A complete description of the proposed facility, including preliminary or conceptual drawings
showing dimensions and other relevant information in which to evaluate the facility's
compliance with this chapter.
C. Maps showing the coverage area of the proposed facility and explanation of the need for
that facility.
D. Area map showing the service area and the location of all sites currently operated by the
applicant and the carrier provider within a 5-mile radius of the proposed site. Information on
each site's targeted area and capability of providing service shall be included.
E. A diagram or map showing the view -shed of the proposed facility.
F. Photo simulations of the view -shed of the proposed facility from affected residential
properties and City rights -of -way at varying distances.
G. A site and landscaping plan showing:
1. The location of all existing and proposed wireless communication facilities on the site;
2. Existing structures, trees and other significant site features;
3. Information on the proposed vegetative planting; and
4. Information on the proposed concealment that will be employed.
H. Documentation demonstrating a need for the facility pursuant to MMC 17.90.140.
I. Documentation demonstrating compliance with non -ionizing electromagnetic radiation
(NIER) emissions standards adopted by the Federal Communication Commission.
J. Documentation showing that the proposed facility will not cause interference with other
wireless communication facilities and telecommunication devices.
K. Signed statements indicating the following:
1. The applicant agrees to allow for the potential co -location of additional wireless
communication facilities by other providers on the applicant's structure or within the
same site location:
a. Provided all safety and structural requirements are met; and
b. Any future owners or operators will allow co -location.
c. If the applicant does not own the support facility, a consent agreement by the owner
is required granting access to other users for the same structure or facility.
2. The applicant agrees to remove the wireless communication facility within 90 days after
that site's use is discontinued
L. A lease agreement with the landholder that:
1. Allows the landholder to enter into leases with other providers; and
2. Specifies that if the applicant fails to remove the facility upon 90 days of its discontinued
use, the responsibility for removal falls upon the landholder.
M. Application permit fee set forth in the fee schedule.
10
Draft and Staff Analysis
1. If more than one installation is sought to be approved under a single permit, a full permit
fee shall be paid for each installation.
2. The City manager or designee may reduce the fee in MMC 17.90.130(M)(1) if the City
manager or designee finds that each separate facility is insignificant in terms of aesthetic
impact upon the surrounding neighborhood. Such reduction may only be made after the
public hearing on the special use permit.
17.90.140 Requirement to demonstrate need for facility.
Staff Comment: This section codifies existing policies that were required to be demonstrated
already. It is based on previous attorney opinions that the City does not have to allow wireless
communication facilities that serve persons outside of the City's jurisdiction. The importance of
this is that it affects the height of antennas as those serving Medina residents only are likely not
to be as tall as antennas meant to serve a broader area.
A. All proposals for new wireless communication facilities shall include satisfactory evidence
that the facility is designed for and will provide services primarily for residents of the City of
Medina and/ or visitors within the City's jurisdiction.
B. Wireless communication facilities may also be designed to serve people outside of the City
limits provided satisfactory evidence can be presented that the facility is needed to complete
a regional network.
C. To demonstrate need, the following information must be documented:
1. The need for the applicant to complete a network of local or regional services;
2. The ability of the applicant to provide services to Medina residences using other
facilities, either existing or planned, inside and outside the City limits of Medina;
3. The inability of the applicant to fulfill the need for the facility with sites available in other
jurisdictions.
17.90.150 Radio frequency standards.
A. The wireless communication facility shall comply with federal standards for radio frequency
emissions. As a condition of approving a special use permit, the City may require
monitoring reports showing compliance. If after review of a report the City finds that the
facility does not meet federal standards, the City may revoke or modify the conditions of the
special use permit.
B. The applicant shall be responsible to ensure that the wireless communication facility does
not interfere with the reception of area television or radio broadcasts. If evidence is found
that the wireless communication facility is interfering with such reception, upon receiving
written notice from the City, the applicant shall have 60 days to correct the problem, or the
City may revoke or modify the special use permit.
C. Revocation or modification of a special use permit shall require a hearing before the hearing
examiner.
17.90.160 Assignment of subleasing.
A. No facility, site or permit may be sold, transferred or assigned unless and until the assignee
obtains a special use permit for the facility.
B. No sublease shall be entered into by a provider until the sub -lessee has obtained a special
use permit for its facility.
C. An assignee or sub -lessee seeking a permit shall submit all data required for an original
permit.
11
Draft and Staff Analysis ITEM OB-2
Staff Comment: This is existing code language. However, this section needs to be examined
more closely for legal implications.
Staff Comment. Sections on testing and technology changes are proposed for removal. These
provisions are primary responsibilities of the City and not applicants. As such, they do not need
to be codified. If there is a need for monitoring of a specific project, it can be evaluated on a
case -by -case basis (see 17.90.150 above).
17.90.170 Maintenance required.
The applicant shall maintain the wireless communication facility consistent with the provisions of
this chapter and any conditions imposed by the special use permit. Such maintenance shall
include, but is not limited to, maintenance of the paint, structural integrity and landscaping. If
the applicant fails to maintain the facility, the City may undertake the maintenance at the
expense of the applicant or may terminate the special use permit for noncompliance with the
Medina Municipal Code.
17.90.180 Abandoned facilities.
Staff Comment. The 90 days is taken from current Medina Code.
A wireless communication facility that is unused for more than 90 consecutive days is hereby
declared abandoned. Abandoned facilities shall be removed no later than 90 days from the
date of abandonment. Failure to remove an abandoned facility is declared a public nuisance
and is subject to abatement actions and penalties set forth in chapters 1.15 and 8.04 MMC.
12
ITEM OB-3
MEDINA CITY COUNCIL MEETING AGENDA BILL
Subject/Title:
CATEGORY:
❑ Consent
Solid Waste Services, Rates, and Options
® City Council Business
STAFF REPORT BY: Donna Hanson
❑ Ordinance ❑ Public Hearing
❑ Resolution ❑ Other - Discussion
BACKGROUND/SUMMARY:
The issue of solid waste rates and services has been a question in Medina for many years. RCW
81.77 provides for solid waste collection services in cities in one of three ways: (1) WUTC-regulated
collection; (2) Contracted collection; or (3) Municipal collection (city employees). Currently the City of
Medina falls under option (1) WUTC-regulated collection. With the WUTC we have no authority to
negotiate rates or service levels. In order to move away from this arrangement, RCW 35A.14.900
requires the City to enter into a franchise with the solid waste company issued a certificate of
convenience and necessity by the WUTC to operate within the City or to compensate them for their
loss. Most cities enter into a franchise with the existing provider for a term of seven years and then
add another three years in consideration for a release of liability and hold harmless agreement. To
date no official action has been taken to move away from the WUTC authority. In order to do so, the
City would need to negotiate a contract with Allied Waste and start the 7-10 year clock required to
expire Allied-WUTC-certificates and position the City to be more competitive in the future.
At our request, Allied Waste provided a rate comparison. Jeff Brown, a consultant who specializes in
negotiating solid waste contracts and has negotiated contracts for many cities in King County briefly
looked at the document at no charge. Jeff stated that the rate information would need more in-depth
analysis, because it does not appear to allow for various fees and charges that may be embed into the
rates. This was confirmed with the City of Clyde Hill. Jeff also stated that he would not recommend
spending time and money on further rate study because even when a city negotiates a franchise, the
rates are typically frozen at the WUTC rates for the 7-10 year time lapse. This has been confirmed
with other cities and the City Attorney's office.
If rates are most likely to be frozen at the WUTC level, what does the city gain by negotiating a
franchise? The City would have more direct oversight of the collection system and could potentially
add to services such as, free collection service to city facilities, recycling events, collection of franchise
fees, and the ability to negotiate additional services, such as weekly recycling, for an additional fee.
Shifting to a contract will begin to get the 7-10 year period out of the way and allow the city to use a
competitive process after that time, if it so chooses. However, there is no guarantee that rates will
come down even then. If the City chooses to move away from WUTC to a contract with Allied, the
primary goal would be more city control of services, and then increased flexibility in the future.
Does the Council need more information to decide whether to stay with the current WUTC
arrangement or to begin negotiations with Allied Waste for a franchise agreement and move away from
the WUTC? If more information is needed, what would be helpful?
BUDGET/FISCAL IMPACT: $5,000 estimate to negotiate contract
STAFF RECOMMENDATION: Discussion
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: NA
`�.t of MBp�G ITEM OB-4
9 MEDINA CITY COUNCIL
2010 AGENDA/ACTION CALENDAR
All meetings held in the council chambers at 6:30 pm, unless noticed otherwise
NUARY S (Orientation tat 4.00 pm)
en Twn" TAftle Presentc*r Council Action
Discussion Public Official's Do's and Don'ts Lew Leigh, WCIA None,
Steve victor�Cify
Discussion Top Five Things New Council Members Should Know Attorney None.
Consent Agenda
Shoreline Master Program Update - Drat Public
Participation Plan
Grumbach
Approved_
Consent Agenda
City Hall Schematic Plans
Willis
Approved _
Consent Agenda
Approval of Public Works Truck Snow Removal Equipment
Purchase
Willis
Approved
Other Business
Oath of Office to Newly Elected Council Members
Baker
None.
Other Business
Election of 2010-2011 Mayor and Deputy Mayor
Mayor
Mayor -Bret Jordan, Deputy Mayor -
Shawn Whitney
Other Business
2010 Council Retreat and Meeting Schedule
Hanson
Retreat scheduled 2/3, Study
sessions scheduled as needed
Other Business
Draft 2010 Legislative Agenda
Hanson
Amended, approved
Facilities: Boyd, Jordan, Nelson;
Finance: Jordan, Lee, Whitney;
Other Business 2010 Council Committees Mayor Personnel: Dicharry, Jordan, Phelps
Other Business Wireless Communication Coverage Grumbach None.
Other Business Draft Code Enforcement Ordinance Grumbach Public hearing scheduled 2/8
FIEBRUARY 3 (Retreat at 3.D0 prn)
Discussion 2010 Department Work Plans Dept Directors n/a
ETP: Dicharry, Nelson; WSDOT
SR520: Dicharry, Nelson; PSRC:
Whitney; Sound Transit: Jordan; SCA:
Whitney; Points Mayors: Jordan;
Discussion Regional Committees/Council Member Attendance Mayor Bellevue City Council: Lee
Discussion Review and Update City Council Rules and Guidelines_ Hanson/Baker None.
Discussion Develop and Communicate Expectations of City Manager Hanson None. _
Establishing Best Practices in Council -Manager Form of
Discussion Government Lee None.
Council agenda calendar subject to change.
Action record unofficial until adoption of meeting minutes.
Council agenda packets and minutes can be found at http://medinafileprosite.com.
d"'o-1 Foy
9 MEDINA CITY COUNCIL
2010 AGENDA/ACTION CALENDAR
All meetings held in the council chambers at 6:30 pm, unless noticed otherwise
kBRUARY a
1tAmT Tunic Presenter Council Action
ent and HOV Project
Presentation Supplemental DEIS WSDOT None. _
Consent Public Works Vehicle Purchase Willis Approved _
Schedule Public Hearing for Temporary City Government
ITEM OB-4
Consent
Facilities
Grumbach
Public hearing scheduled 3/8
T
Consent
Confirmation of Planning Commission Appointment
Recommendation
Mayor
Appointment confirmed
Public Hearing
Proposed Code Enforcement Ordinance
Grumbach
None.
Other Business
Proposed Code Enforcement Ordinance
Grumbach
Discussion, action tabled to 3/8
_
Other Business
Proposed 2010 Planning Commission Work Plan
Grumbach
Amended, approved
Other Business
Options for Temporary City Hall
Willis
Discussion, action tabled to 3/8
Other Business
Follow Up: Wireless Communication Coverage
Grumbach
Discussion, action tabled to 3/8
Other Business
Part 150 Noise Study Representation
Hanson
Consultant_ contract approved
Other Business
Schedule Study Session for Review of Council Goals,
Ground Rules & Guidelines
Hanson
Scheduled 3/22 study session
nr i Ar+inn
Consent Agenda
Acceptance of Development Services Software Upgrade
Grumbach
Accepted
Consent Agenda
Approval of Proposed Code Enforcement Ordinance
Grumbach
_
Ordinance No. 848 approved.
Hanson / A.
Consent Agenda
ARCH Budget & Work Plan
Sullivan
Approved. _
Code Amendment Regarding Temporary Government
Public Hearing
Facilities
Grumbach
None.
Proposed Ordinance Regarding Temporary Government
Other Business
Facilities
Grumbach
Ordinance failed.
Direction to execute "Option C" with
smallest possible footprint
(installation of two portable office
trailers in Medina Park) and public
meetings to be held at St. Thomas
Other Business
Temporary City Hall Location Options
Willis
School.
_
Approved subject to
Group
recommendations from facilities
City Hall Design Development Plans For City Hall Expansion MacKenzie
committee and department
Other Business
and Renovation Project
Architects
directors.
_
Authorized city manager to
negotiate lease agreement and bring
back to the city council for
Other Business
Approval of Lease for SR 520 Wireless Facilities
Grumbach
consideration.
Other Business
Proposed 2010 Park Board Work Plan
Willis
Accepted.
Ordinance Repealing and Reenacting MMC Chapter 2.84
®_
Other Business
Regarding Emergency 02erations
Hanson
Ordinance No. 849 approved.
Authorized city manager to enter
into an interlocal agreement to
negotiate an extension of the
current franchise agreement with
Other Business
Interlocal Agreement for Comcast Franchise Negotiations
Hanson
Comcast Cable.
Council agenda calendar subject to change.
Action record unofficial until adoption of meeting minutes.
Council agenda packets and minutes can be found at http://Medina fileprosite.com.
Of Mfp�y9 ITEM OB-4
MEDINA CITY COUNCIL
2010 AGENDA/ACTION CALENDAR
All meetings held in the council chambers at 6:30 pm, unless noticed otherwise
MARCH 22 (Study Session at 6.00 pm)
Item Type Topic Presenter ; , Council Action
Other Business Briefing Amending chapter 15.04 MMC to adopt 2009 Grumbach/
Washington State Building Codes. Wilcox None. Staff summary only.
Direction to staff to vet St. Thomas
Other Business Medina Park Temporary City Hall Options Willis Church parking lot option further.
Review Council's Strategic Goals, Ground Rules, and Direction for city attorney to review
Guidelines Document and provide revised copy at later
Other Business Baker/Hanson date.
Other Business Wireless Communications Consultant Victor/Hanson None. Consultant introduction.
APRIL 12
Item T ae Topic Presenter Council Action
(Sarah Moberly
Presentation Prosecuting Attorney & Lynn Roberts) None. _
Consultant recommendation
Other Business
Wireless Facilities Update Grumbach expected 5/10.
Guidance provided and planning
commission recommendation
Other Business Discussion Regarding Pitched Roof Incentives Grumbach expected by December.
Proposed Ordinance Regarding Placement of Temporary
Other Business Government Facilities Grumbach Ordinance No. 850 adopted.
Authorized city manager to
negotiate & sign lease agreements
with St. Thomas Church for site and
portable office trailers for temporary
Other Business Temporary City Hall Willis city hall, not to exceed total $70,400.
Guidance provided to advertise and
Other Business Shoreline Master Program Update -Advisory Committee Grumbach recruit for committee.
onserit to address—traTic, transient
moorage and improper mitigation
Proposed Meydenbauer Bay Park and Land Use
concerns to Bellevue City Council via
Other Business Masterplan. Mayor letter.
MAY 10
tt^mTvna Tnnir pracantar Fsu;neil'Artinn
Consent Agenda Approval of King County Jail Services Contract Chen Contract_ Approved _
Other Business Appointment to City Council Position 2 Victor Shawn Whitney Appointed
Other Business Election of Deputy Mayor Mayor Shawn Whitney Elected
Other Business Appointment to Finance Committee Shawn Whitney Appointed
Requested Draft Ordinance for
Other Business
Wireless Facilities Consultant Recommendation
Hanson
Discussion during June 14 Meeting.
Proposed Ordinance Amending chapter 15.04 MMC
Grumbach/
June 14, 2010 Public Hearing
Other Business
adopting 2009 Washington State Building Codes
Wilcox
Scheduled__
Authorization for Consultant Design Services for NE 12 &
Authorized Consultant to Design
Other Business
Lk Wash Blvd Traffic Safety Improvements
Willis
Phase 1 of Project
June 14, 2010 Public Hearing
Other Business
Draft Six -Year CIP/TIP (2011-2016)
Willis
Scheduled _
Other Business
Authorize Call to Bids: City Hall Renovation Project
Willis
Call for Bids Approved
Other Business
Draft Surplus Equipment Ordinance
Hanson
Ordinance Approved
Action record unofficial until adoption of meeting minutes.
Council agenda packets and minutes can be found at http://medinafileprosite.com.
ITEM OB-4
9 MEDINA CITY COUNCIL
2010 AGENDA/ACTION CALENDAR
All meetings held in the council chambers at 6:30 pm, unless noticed otherwise
WE 14
Tursas Tapir pratonf r 'f nunrii drtinn
Hearing to amend chapter 15.04 MMC adopting 2009
Grumbach/
Public Hearing
Washington State Building Codes
Wilcox
Action amending chapter 15.04 MMC adopting 2009
Grumbach/
Other Business
Washington State Building Codes
Wilcox
Public Hearing
Six Year CIP/TIP (2011-2016)
Willis
Draft Code Amendment Regarding Wireless
Other Business
Communication Facilities
Grumbach
Other Business
Solid Waste Services, Rates, and Options
Hanson
Consent Agenda
Set public hearing dates for three land use ordinance!
Grumbach
Consent Agenda
Planning Commission Appointments, Position 7
Mayor
Approval of Interlocal Project Services Agreement
Consent Agenda
Between Medina and WSDOT
Willis
Memorandum of Understanding Between the City of
Medina and Public, Professional and Office -Clerical
Employees and Drivers Local Union No. 763 Establishing a
Consent Agenda Voluntary Employee's Beneficiary Association Trust (VEBA) Hanson
Acceptance of Proclamation Recognizing Camp Fire USA
Consent Agenda Central Puget Sound Council Mayor _ J
Resolution Approving Centralized Contracting for A
Consent Agenda Regional Coalition for Housing (ARCH) Hanson
JULY 12, (Stud yr 5essivr7 at 5;00 pm)
ttern Time Took Presenter Council Action
Other Business 2010 Budget Review Hanson
Other Business Streetscapes Policies and Standards Grumbach/Willis
Public Hearing, Other
Business
procedures for project permits, text amendments to
development regulations, area -wide zoning map
amendments, and comprehensive plan amendments
Grumbach
Public Hearing, Other A code amendment relating to divisions of land and lot
Business line adjustments
Grumbach
Public Hearing, Other
Business
A code amendment relating to permit fees
Grumbach
Other Business
Adoption of Six -year CIP/TIP
Willis
Other Business
Bid Award: City Hall Renovation Project
Willis
Other Business
Contract Approval: Modular Office Trailers
Willis
Other Business
Lease Agreement Approval: Temporary City Hall Site
_
Willis
Other Business
Planning Commission Appointments, Position 3
Mayor
Other Business
Surplus Resolution (Public Works Truck)
Willis
Council agenda calendar subject to change.
Action record unofficial until adoption of meeting minutes.
Council agenda packets and minutes can be found at http.-Ilmedina.fileprosite.com.
01 or MF°gym ITEM OB-4
9 MEDINA CITY COUNCIL
2010 AGENDA/ACTION CALENDAR
All meetings held in the council chambers at 6:30 pm, unless noticed otherwise
AUGtlST 9 (Study Session ut S 00 pm)
Item type IMIt Presenter Council Action
Other Business 2010 Budget Review and 2011 Budget Direction Hanson
AUGUST 9
Item Yogic . Presenter Council Action
Other Business Proposed Traffic Code Ordinance Update Chen
SEPTEMSER 13
T is presenter Council Action
Other Business Preliminary 2011 Annual Budget Hanson
Other Business Proposed Traffic Code Ordinance Update Chen
NOWMSER 8
>terrt Type
Lopit
Presenter Council Action
Public Hearing
Proposed Resolution to Adopt 2011 Property Tax Levy
Hanson
Public Hearing
Proposed Ordinance to Adopt 2011 Budget
Hanson
Other Business
Approval of Resolution to Adopt 2011 Property Tax Levy
Hanson
Other Business
Approval of Ordinance to Adopt 2011 Budget
Hanson
NOVMBER 2 (Study Session)
Iterri Twee Tooic
Presenter Council Action
Other Business Tentative 2011 Budget Study Session Hanson
Other Business Roof Incentives) Grumbach
Council agenda calendar subject to change.
Action record unofficial until adoption of meeting minutes.
Council agenda packets and minutes can be found at http://medinafileprosite.com.